Preamble: The Constituent Assembly has, having exercised the powers conferred by Article 78 of the Interim Constitution of Nepal, 2007, framed these Rules for operation of the Constituent Assembly; maintaining the order of the sitting; defining the Committees, their functions and activities; and regulating the Constituent Assembly and other matters relating to its Committees.
Constituent Assembly Rules, 2014
Table of Contents
Chapter 1 Preliminary
Chapter 2 Notice of Sitting, Attendance of Members and Seating Arrangements
Chapter 3 Conduct and Adjournment of Sitting of the Constituent Assembly
Chapter 4 Election of Chairperson and Vice-Chairperson and Nomination of the Panel of Chair
Chapter 5 Election of President and Vice-President
Chapter 6 General Procedures of Sitting
Chapter 7 Methods of Decision-Making in the Assembly
Chapter 8 Maintenance of Order in the Assembly
Chapter 9 Motions and Procedures Relating Thereto
Chapter 10 Amendments to Motions
Chapter 11 Committees of the Constituent Assembly
Chapter 12 Procedures for Passing the Bill of Constitution
Chapter 13 Privilege Committee
Chapter 14 Motion of Impeachment against President and Vice-President
Chapter 15 Motion on Conduct of Chairperson or Vice-Chairperson Incompatible to Position
Chapter 16 Notice on Absence, Resignation and Vacant Posts
Chapter 17 Offices of the Constituent Assembly Party and Provisions Relating to Defection
Chapter 18 Code of Conduct of Members and Provision Relating to Monitoring Thereof
Chapter 19 Miscellaneous
Schedules
Schedule 1 Motion for election to the office of Chairperson/vice chairperson
Schedule 2 Oath of office of the Chairperson/Vice-Chairperson of Constituent Assembly
Schedule 3 Nomination of Candidate to be filled in by a Proposing Member
Schedule 4 Consent of the Candidate
Schedule 5 Oath of office of the members of the Constitution Drafting Committee
Schedule 6 Oath of office of the Chairperson of Committees of the Constituent Assembly
Schedule 7 Format of the Proclamation of Commencement of the Constitution
Schedule 8 Form for personal details of the members of the Constituent Assembly
Schedule 9 Details related to member of political party represented at the Constituent Assembly
The Constituent Assembly Rules, 2014
Preamble: The Constituent Assembly has, having exercised the powers conferred by Article 78 of the Interim Constitution of Nepal, 2007, framed these Rules for operation of the Constituent Assembly; maintaining the order of the sitting; defining the Committees, their functions and activities; and regulating the Constituent Assembly and other matters relating to its Committees.
Chapter 1
Preliminary
1. Short Title and Commencement: (1) These Rules may be called “Constituent Assembly Rules, 2014”.
(2) These Rules shall come into force immediately.
2. Definitions: Unless the subject or context otherwise requires, in these Rules-
(a) “Constitution” shall mean “the Interim Constitution of Nepal, 2007.”
(b) “Constituent Assembly” shall mean the Constituent Assembly constituted in accordance with Article 63 of the Interim Constitution of Nepal, 2007.
(c) “Chairperson” shall mean the Chairperson of the Constituent Assembly.
(d) Vice-Chairperson” shall mean the Vice-Chairperson of the Constituent Assembly.
(e) “Member” shall mean a member of the Constituent Assembly.
(f) “Committee” shall mean the Committee of the Constituent Assembly.
(g) “Committee Chairperson” shall mean the Chairperson of the Committee.
(h) “Minister” shall mean the Prime Minister, Deputy Prime Minister, Minister, State Minister and Assistant Minister of Government of Nepal.
(i) “Secretary General” shall mean the Secretary General of the Constituent Assembly, and the word also includes a senior officer of the Constituent Assembly Secretariat designated by the chairperson to work as the Secretary General in absence of the Secretary General.
(j) “Secretary” shall mean the Secretary of the Constituent Assembly and the word also includes a senior officer of the Constituent Assembly Secretariat designated by the Chairperson to work as the Secretary in absence of the Secretary.
(k) “Official” shall mean the Chairperson, Vice-Chairperson, the Leader, Deputy Leader of a political party represented in the Constituent Assembly, and the Secretary General and the Secretary of the Constituent Assembly.
(l) “Assembly” or “Sitting” shall mean the assembly or Sitting of the Constituent Assembly.
(m) “Motion” shall mean any motion presented before the Constituent Assembly for consideration.
The Constituent Assembly Rules, 2014
(n) “Presenter of motion” shall mean the member who presents a motion or Bill at the Constituent Assembly.
(o) “Expert” shall mean an advisor or expert from whom the Secretariat receives, on the decision of the Business Advisory Committee according to the prevailing law, expert services for assistance in the Constituent Assembly pursuant to Sub-rule (4) of Rule 165 and the word also includes a person who is invited as an expert by a Committee seeking suggestions on how to fulfill its responsibilities.
(p) “Sitting Chamber” shall mean the Chamber where the Constituent Assembly takes place, as well as the audience chamber and verandah adjoining to the sitting chamber.
(q) “Table” shall mean the table of the Assembly.
(r) “Bulletin” shall mean the Constituent Assembly’s Bulletin, consisting of the following subjects:
(1) Notice regarding proceedings of the Sitting,
(2) Summary of proceedings of the Sitting,
(3) Notice regarding the Committee, and
(4) Other subjects deemed necessary by the Chairperson.
(s) “Records” shall mean decisions and proceedings of the Constituent Assembly and its committees and various reports and documents relating thereto protected at the secretariat of the Constituent Assembly pursuant to Rule 159 of the then Constituent Assembly Rules, 2008 and prepared by the then Constituent Assembly and Committees, Task force, Commissions, sub-committees and political committees there under in the course of making of the Constitution.
(t) “Precincts” shall mean the entire premises of the building, including the Sitting Chamber of the Constituent Assembly, the galleries and the audience Chamber and the word also includes the thoroughfare adjoining the building where the Sitting is conducted, and to additional places as may be fixed by the Chairperson from time to time.
Chapter 2
Notice of Sitting, Attendance of Members
and Seating Arrangements
3. Notice of Sitting: (1) Sitting of the Constituent Assembly shall be called on the date and at the time and venue fixed by the Chairperson. The Chairperson shall provide notice of such details to the members at the end of each Sitting.
(2) In case a Sitting has been postponed before the date of the next Sitting is fixed pursuant to sub-rule (1), the subsequent Sitting shall be called by the Secretary General or the Secretary by giving a notice to the members at least three days in advance.
(3) In case a Sitting of the Constituent Assembly is called pursuant to sub-article (1) or pursuant to sub-article (2) of Article 69 of the Constitution, the Secretary General or the Secretary shall publish a notice to that effect in the Nepal Gazette, and also transmit it through the public media.
4. Attendance of members: Before taking a seat, each member shall sign on the attendance register, or put an entry into the digital attendance machine installed, outside the Sitting Chamber.
5. Seating arrangement: (1) Each member shall take his/her seat in a place and order as assigned by the chairperson.
(2) In case of members with disability, the chairperson may, having assigned seating places and order, also permit one assistant to take a seat beside such a member.
(3) Notwithstanding anything contained in this Rule, the Chairperson may permit member of the Council of Ministers who is not the member of the Constituent Assembly to take his/her seats in places and orders like other members of the Council of Ministers.
Chapter 3
Conduct and Adjournment of Sitting of
the Constituent Assembly
6. Conduct of the Sitting and Adjournment: (1) Subject to these Rules, a Sitting of the Constituent Assembly shall take place on days fixed by the Chairperson, in consideration of the workload of the Constituent Assembly.
(2) Unless ordered otherwise by the chairperson, a Sitting of the Constituent Assembly shall commence at 11.00 am and adjourn at 5.00 pm.
(3) In case there is a change in the date, time and program of a Sitting for any reason, notice of the same shall be posted on the notice board of the Constituent Assembly, including explanation for the change. Having posted the notice in this way, it shall be deemed that all members have been duly notified of the change.
(4) The chairperson shall announce the commencement and adjournment of each sitting.
(5) Officials of all parties represented at the Constituent Assembly shall cooperate in the conduct of the Constituent Assembly Sitting.
Chapter 4
Election of Chairperson and Vice-Chairperson
and Nomination of the Panel of Chair
7. Election of the Chairperson: (1) The election of the Chairperson shall take place on the prescribed day and the Secretary General shall publish a notice thereof.
(2) In case there has been a political consensus in the election of the Chairperson pursuant to sub-Article (1) of Article 71 of the Constitution within the time prescribed in the program published pursuant to sub-rule (1), any member may, with the support of other member, submit a motion to the chairperson along with a memo of the said consensus.
The Constituent Assembly Rules, 2014
(3) In case the motion referred to in sub-rule (2) has been received, the Chairperson shall permit the proposing member to introduce the motion in the sitting prescribed for the election of the chairperson.
(4) At the beginning of the Sitting, the supporting member shall support the motion following the proposing member who introduces the motion in the Sitting. After the statement of the supporting member, the Chairperson shall declare that the member so proposed has been elected to the office of chairperson of the Constituent Assembly on the basis of political consensus.
(5) In case no election of the chairperson could be held on the basis of political consensus pursuant to sub-rule (2), any member may, within the time determined in the program published pursuant to sub-rule (1), give notice of a motion to the Secretary General that any other member be elected to the office of the chairperson. Such a notice shall have to be accompanied in the format referred to in Schedule-1 with a statement of consent of the proposed member that, “if elected, I am ready to fulfill the duty of the Chairperson.”
(6) After the proposing member introduces a notice of motion referred to in Sub-rule
(5) in the Sitting, the supporting member shall support it. In case only one of such notice of the motion has been received, the person presiding over shall, upon completion of the statement by the supporting member, declare that the proposed member has been elected unopposed to the office of the Chairperson.
(7) In case there have been received more than one notice of motion pursuant to Sub-rule (5), the proposing members shall introduce and supporting members shall support their respective motions in the order of registration and thereafter, discussion shall be held on all the motions and thereafter, the person presiding over shall present the motions for decision one by one.
(8) In case more than one notice of motion have been received and presented for decision pursuant to Sub-rule (7), the member proposed in the motion passed by the majority of the total members in the Constituent Assembly for the time being shall be deemed to have been elected to the office of the Chairperson of the Constituent Assembly.
(9) Among the more than one motion submitted for decision to the Assembly pursuant to Sub-rule (7), the member proposed in motion which has been passed by the majority of the total members in the Constituent Assembly for the time being shall be deemed to have been elected to the office of the chairperson of the Constituent Assembly and the rest of the motions need not be presented for decision.
(10) The decision of the Constituent Assembly on the motion received pursuant to Sub-rule (5) to elect one member to the office of the chairperson shall be taken through voting. In case none of the motions submitted for election of the chairperson could be passed by the majority required under sub-article (1A) of Article 71 of the Constitution, the Chairperson shall have to call the next Sitting for resubmission of those motions for decision. The procedure referred to in this sub-rule shall be followed until any of those motions is passed by the majority required under sub-article (1A) of Article 71 of the Constitution.
(11) In case the member presiding over the first Sitting has been proposed to the office of the Chairperson, the second eldest member who has not been proposed to the office of the Chairperson shall preside over the Sitting on that day.
(12) In case the office of the chairperson falls vacant for any reason whatsoever, it shall be fulfilled by an election in accordance with the procedures referred to in this rule.
8. Oath of the Chairperson: The chairperson shall, prior to assuming the office, take an oath of office and secrecy before the President as in the format referred to in Schedule-2.
9. Election of the Vice-Chairperson: (1) The election of the Vice-Chairperson shall take place on the day fixed by the chairperson.
(2) For the election of the Vice-Chairperson too, the procedures referred to in Rule 7 for the election of the chairperson shall be followed.
(3) In case the office of the Vice-Chairperson falls vacant for any reason whatsoever, it shall be fulfilled by an election pursuant to this rule.
10. Oath of the Vice-Chairperson: The Vice-Chairperson shall, prior to assuming the office, take an oath of office and secrecy before the Chairperson as in the format referred to in Schedule-2.
11. Nomination of the Panel of Chair: (1) The Chairperson may nominate up to 33members from time to time to chair Sittings in the event of absence of both the Chairperson and the Vice-Chairperson.
(2) The Vice-Chairperson and the members nominated pursuant to Sub-rule (1) may exercise all powers to be exercised by the chairperson while chairing the sitting.
Chapter-5
Election of President and Vice-President
12. Election of President : The election for the President shall take place on the day and at the time prescribed by the Chairperson.
(2) The Chairperson may designate the Secretary General of the Constituent Assembly to conclude the election of the President and to submit the result of the election.
(3) The Election Officer may seek for assistance of the employees of the Secretariat as may be necessary for completion of the election.
13. Publication of Election Program: (1) The Election Officer shall prepare the program of the election and publish it in public manner at least before twenty four hours of the day prescribed for election of the President.
(2) In the program published pursuant to Sub-rule (1), the programs such as publication of the voter’s list, complaint and objection against it, publication of the final voter’s list, the time, methods and venue for filing the candidacy, the time for publication of the name list of the candidates, the time duration for withdrawing the candidacy, the time for publication of the final list of the candidates and the programs for voting and counting of votes shall, among other things, also be clearly stated.
14. Publication of Voter’s List: (1) The Election Officer shall publish the voter’s list having included the names of the members who have administered the oath of office as a member of the Constituent Assembly in an alphabetical order within the time prescribed in the program published pursuant to Rule 13.
(2) In case a member doubts that any member having his/her name included in the voter’s list published pursuant to Sub-rule (1) is or has become ineligible to be a voter in the election of the president, s/he may file an objection before the Election Officer within the time prescribed having stated ground(s) thereof.
The Constituent Assembly Rules, 2014
(3) In the event of filing an objection pursuant to sub-Rule (2), the Election Officer shall have to decide on the matter having conducted an inquiry on it. The Election Officer shall publish the voter’s list maintained according to such decision as the final voter’s list
(4) In case no objection has been filed pursuant to Sub-rule (2), the voter’s list published pursuant to sub-Rule (1) shall be deemed to be the final voter’s list.
15. Political Consensus and Election: (1) In case there has been a political consensus as to any person having met the qualifications pursuant to Article 36D of the Constitution with regard to the election of the President pursuant to sub-Article (1) of Article 36B of the Constitution, the nomination form in the format referred to in Schedule-3 has to be filled in having stated all the necessary details along with a memo of the said consensus that the person be elected to the office of President on the basis of political consensus and the nomination form has to be filed with the Election Officer within the time prescribed pursuant to Rule 13 having proposed by one member and seconded by another member along with their respective signatures and along with a copy of Nepali Citizenship certificate of the person so proposed.
(2) While filing the nomination on the basis of the political consensus pursuant to Sub-rule (1), the memo in the format as referred to in Schedule-4 containing the consent of the concerned candidate that s/he agrees to work in the office of the President shall also be enclosed.
(3) In case the nomination has been filed pursuant to Sub-Rule (1) that one be elected to the office of the President on the basis of political consensus, the Election Officer shall forthwith submit the contents thereof to the Chairperson.
(4) In case the Election Officer submits the contents to the Chairperson that a nomination has been filed that one be elected to the office of the president on the basis of political consensus, the chairperson shall declare in the Sitting of the Constituent Assembly convened immediately thereafter that the concerned person has been unanimously elected to the office of President on the basis of political consensus and the notice thereof shall be published in the Nepal Gazette.
(5) In case no proposal of the political consensus is filed within the prescribed time in accordance with this Rule, the Election Officer shall initiate the other process of the election pursuant to sub-article (3) of Article 36B of the Constitution on the basis of these rules.
16. Procedures for Registering Nomination Form: (1) The nomination form in the format referred to in Schedule-3 stating that any person having met the qualifications pursuant to Article 36D of the Constitution be elected to the office of the President shall be submitted to the Election Officer within the time prescribed pursuant to Rule 13 having stated all necessary details and having proposed and signed by one member of the Constituent Assembly and having seconded and signed by another member of the Constituent Assembly along with a copy of Nepali Citizenship certificate of the person so proposed.
(2) While filing the nomination form pursuant to sub-rule (1), the memo in the format as referred to in Schedule-4 containing the consent of the concerned candidate that s/he agrees to work in the office of the President shall also be enclosed.
17. Examination of Nomination Form and Publication of Name-List: The Election Officer shall examine the nomination forms submitted by the candidates getting the nomination forms registered within the time prescribed for the election of president pursuant to rule 16 and publish the names of all candidates in an alphabetical order.
18. Objection: (1) Any candidate may file an objection against any other candidate within the prescribed time having his/her name included in the name list of the candidates published pursuant to rule 17.
(2) While filing an objection pursuant to Sub-rule (1), the clear basis and cause thereof shall be stated.
(3) The Election Officer shall examine with regard to the objection filed pursuant to Sub-rule (1) and in case the objection is found to be reasonable and according to law, s/he may invalidate the nomination form of such candidate citing the reason thereof.
19. Withdrawal of Candidacy and Publication of Final Name-List: (1) After publication of the name-list pursuant to rule 17, the candidate having his/her name included in such name list may, within the duration prescribed pursuant to Sub- rule (2) of rule 13, submit a written submission for withdrawal of the candidacy being present in person before the Election Officer in case s/he desires to withdraw his/her candidacy.
(2) The Election Officer shall forthwith prepare the final list of candidates maintained upon completion of the time for withdrawal of the candidacy pursuant to Sub-rule
(1) in an alphabetical order and publish it.
(3) In case only one nomination letter duly filled in has been filed within the time prescribed for the election of the President or only one nomination letter is retained after cancellation of the nomination letters of other candidates pursuant to Sub-rule (3) of Rule 18 or in case other candidates have withdrawn their nominations and nomination letter of only one candidate is retained, the Election Officer shall submit the information to the Chairperson that such candidate has been elected unopposed to the office of President.
20. Voting: (1) In case there are more than one candidates in the final name list of candidates published pursuant to Rule 19, the election shall be conducted on the basis of secret voting.
(2) For the purpose of Sub-rule (1), the Election Officer shall prepare the ballot paper having included the names of all candidates maintained pursuant to Rule 19.
(3) The member having his/her name included in the voter’s list shall, within the time prescribed for voting, take the ballot paper having the signature of the Election Officer and mark the sign (√) in the box for indicating the vote before the name of the candidate of his/her choice and drop the ballot paper in the ballot box.
(4) Other procedures relating to voting shall be as prescribed by the Election Officer.
21. Circumstances for Ballot Paper to be Invalid: (1) In any of the following circumstances,
the ballot paper shall be invalid:-
(a) In case the voting sign is marked in the boxes of more than one candidate;
(b) In case the marked voting sign (√) is different from the prescribed voting sign;
(c) In case vote has been cast on the ballot paper having no signature of the Election Officer;
(d) In case voting sign has been marked in such a manner that it could not be differentiated to which candidate the vote has been cast.
(2) In case any dispute has been raised as to the validity or invalidity of any ballot paper, the decision made by the Election Officer shall be final.
22. Counting of Votes: (1) Immediately after completion of the voting, the Election Officer shall begin the counting of votes in presence of the candidate or his/her representative.
(2) Upon completion of the voting, the Election Officer shall prepare a deed to that effect and submit the election result forthwith to the Chairperson.
23. Declaration of Election Result: (1) The Chairperson shall declare the election result submitted by the Election Officer pursuant to Sub-rule (3) of Rule 19 or Sub-rule (2) of Rule 22 at the Sitting of the Constituent Assembly to be convened immediately thereafter.
(2) While declaring the election result pursuant to Sub-rule (1), it shall be clearly declared that whether the candidate has been elected unopposed or elected by securing the majority vote pursuant to sub-Article (2) of Article 36B of the Constitution and the notice thereof shall be published in the Nepal Gazette.
(3) In case it is found from the result of the election submitted by the Election Officer pursuant to Sub-rule (2) that no candidate could secure majority vote that has to be secured pursuant to sub-article (2) of Article 36B of the Constitution, the Chairperson shall determine in the same Sitting the date of voting between the two candidates securing highest number of votes.
(4) The Election Officer shall conduct the election pursuant to Rule 20 on the date determined again pursuant to Sub-rule (3) and complete the vote counting pursuant to Rule 22 and submit the result of such election to the Chairperson.
(5) The Chairperson shall declare the result of the reelection received pursuant to Sub-rule (4) at the Sitting of the Constituent Assembly to be convened immediately thereafter and the notice thereof shall be published in the Nepal Gazette.
(6) The procedures referred to in this Rule shall continue until a candidate secures the majority to be secured pursuant to sub-article (2) of Article 36B of the Constitution.
(7) In case the office of the President falls vacant for any reason whatsoever, it shall be fulfilled in accordance with the procedures referred to in this Rule.
24. Election of Vice-President: (1) The election of the Vice-President shall be held on the day and at the time prescribed by the Chairperson and the Secretary General shall publish the notice thereof.
(2) The procedures of the election of the Vice-President shall be like that of the President.
(3) In case the office of the Vice-President falls vacant for any reason whatsoever, it shall be fulfilled in accordance with the procedures referred to in this Rule.
25. To be deemed Internal Proceedings: The proceedings undergone under these Rules in connection with the election of the President and Vice-President shall be deemed to be internal proceedings of the Constituent Assembly as referred to in sub-article (2) of Article 77 of the Constitution.
Chapter-6
General Procedures of Sitting
26. Daily List of Business: (1) The Secretary General or the Secretary shall prepare a list of business for each day of the Sitting according to the direction of the Chairperson. One copy of this list shall be provided to each member normally one day prior to the Sitting. Provided that, in special circumstances, an amended list of business may be prepared one hour prior to the Sitting according to the Chairperson’s direction and one copy of it may be provided to each member.
(2) Unless otherwise provided for in these Rules, no subject that has not been included in the list of business for the day shall be discussed on that day without the permission of the Chairperson.
(3) Except in case the Chairperson has directed otherwise, no matter that requires notification shall be included in the list of business without fulfilling the necessary timeframe and other processes.
27. The Business Advisory Committee: (1) In order to conduct a Sitting of the Assembly in an orderly manner including determining the priorities and time limit of the subjects to be submitted before the Sitting and to furnish advices to the chairperson on other subjects as the Chairperson may deem necessary, there may be formed a Business Advisory Committee under the chairpersonship of the Chairperson having representation of members of all political parties represented at the Constituent Assembly not exceeding forty nine members altogether.
(2) The Vice-Chairperson and the Minister of Law, Justice and Constituent Assembly Affairs shall respectively be the ex-officio Vice-Chairperson and member of the Committee.
(3) Notwithstanding anything contained in Sub-rule (1), the Chairperson may invite to the Sitting of the Business Advisory Committee any member that s/he deems fit as an invited member.
28. Determination of time limit: (1) The Chairperson shall determine the time limit for discussion on any issue submitted before the Sitting.
(2) After completion of the time limit determined pursuant to Sub-rule (1), the Chairperson shall, unless otherwise provided in these Rules, submit all questions in the Sitting for decision in order to settle the matter without any further discussion on it.
29. Method of Furnishing Notice: Unless stated otherwise in these Rules, a member shall give any notice to the Secretary General or the Secretary only between 10.00 am to 4.00 pm. Notices given after this time shall be considered to have been given on the next working day.
30. Amendment to Notice: In case the Chairperson finds that a notice contains any unsuitable, satirical, unnecessary, unfit or irrelevant words or phrases, s/he may amend or cause to amend such notice before it is disseminated.
31. Distribution of documents: (1) The Secretary General or Secretary shall provide all necessary documents and information to members.
(2) The Secretary General or Secretary shall, as directed by the Chairperson, make arrangements to place all documents and information to be provided to members in pigeonholes that bears the name of each member, in the office of the concerned Constituent Assembly party (board). Documents and other information placed in this way shall be considered to have been received by the concerned member.
Provided that for the members nominated by the Council of Ministers and independent members, the Secretary General or the Secretary shall make arrangements to install pigeonholes in the place determined by the Chairperson within the Secretariat compound and the information thereof shall be furnished to the concerned member.
32. Commencement of the Sitting: The Sitting shall be commenced once the Chairperson enters into the Sitting Chamber and the national anthem is played.
33. Norms to be Observed in the sittings of the Assembly: Members shall observe the
following norms whilst the Assembly is sitting:-
(a) When the Chairperson enters into the Sitting Chamber, all must stand up to express respect.
(b) The Chairperson must take the chair having expressed honour to the Sitting.
(c) Other members must leave the Sitting Chamber once the Chairperson gets out of the Assembly following the adjournment of the Sitting.
(d) Assembly member taking part in the Sitting must speak only after having addressed to the chairperson and unless otherwise ordered by the chairperson, must speak standing up from the seat.
(e) While the Chairperson is addressing to the Sitting, no member must move from his/her place and must listen to the statement of the Chairperson peacefully;
(f) No one must walk across in between the chair of the Chairperson and the member speaking to;
(g) No one must disturb peace or break the honour of the Sitting or commit any act creating disorder in the Sitting;
(h) No one must walk across in front of the chairperson in the Sitting Chamber or sit having his/her back towards the seat of the Chairperson;
(i) Except the subject concerned directly with the business of the Sitting, no one must read the books, newspapers or other documents on other subjects;
(j) Mobile phone must be switched off in the Sitting Chamber while the Sitting is in progress;
34. Norms to be followed by the Members Taking Part in Discussion: The members taking
part in discussion in the Sitting must abide by the following norms:-
(a) One must stand up to call the attention of the Chairperson, and shall speak only after getting an indication or having his/her name called;
(b) Except in course of the discussion on a motion that the Chairperson has not behaved according to the dignity of office, one must not criticize the conduct of the Chairperson;
(c) No one shall discuss on the subjects restricted by Article 60 of the Constitution;
(d) No one shall blame at personal level;
(e) No one shall speak on any matter within the purview of the Legislature-Parliament;
(f) No one shall speak immodest, vulgar, insulting or contestable words;
(g) Except speaking on the motion that any decision of the Assembly or of the Chairperson be invalidated, no one shall criticize the decision of the
10 Assembly or the Chairperson;
(h) The right to statement must not be misused with the intention of disrupting the proceedings of the Sitting.
35. Order of Speaking in Discussion: The order of speaking and giving answers in the
Sitting shall be as follows:-
(a) After the statement of the proposing member is over, the person whose name has been called upon or who has been indicated to speak by the Chairperson may speak.
(b) Except otherwise provided in these Rules, no member may be allowed to speak more than once on the same subject without permission of the Chairperson.
(c) The member introducing the motion may speak at the end of the discussion in order to give answers. Irrespective of whether or not one has taken part with regard to the motion, once the proposing member gives answers, one shall not be allowed to speak without the permission of the Chairperson.
(d) The member submitting amendment to the motion shall not have right to answer without permission from the Chairperson.
(e) Once the member introducing the motion gives answers, the discussion shall be deemed to have ended.
36. Relevancy: (1) The matter spoken by any member shall be related to the subject under consideration of the Constituent Assembly.
(2) In case any member continues to speak on an irrelevant issue or frequently repeats his/her own logic or logic of anyone else, the Chairperson may call attention of the Sitting towards his/her behavior and order him/her to stop the statement. Immediately after such order has been issued, the said member shall take his/her chair having stopped the statement.
37. Right to seek or give Explanation: (1) In case any member deems it necessary to seek an explanation on the concerned subject while discussion is taking place, s/he may seek the explanation through the Chairperson.
(2) Notwithstanding anything contained in Sub-rule (1), any member may, with the permission of the Chairperson, give an explanation on any other subject relating to him/her for information of the Sitting.
Provided that no controversial matter may be raised while giving such explanation and no discussion shall be allowed on such explanation.
38. Motion for Closure of Discussion: (1) Unless otherwise provided for in these Rules, any member may, with the permission of the Chairperson, move at any time a motion that the discussion be closed in respect of motion introduced to the Assembly.
(2) In case the Chairperson deems that there has been necessary discussion on the original motion, s/he may place the motion before the Constituent Assembly for decision to the effect of ending the discussion.
(3) There shall be no amendment to or discussion on the motion to end discussion. In case such a motion is passed, the Chairperson shall, without allowing for additional discussion, submit the original motion to the Constituent Assembly for decision.
(4) In case the Chairperson deems that any discussion is being prolonged unnecessarily, s/he may, having taken into account the opinion of the Sitting, fix a time frame for ending the discussion and in case such time frame has been fixed, s/he may deem that the discussion is completed and s/he may submit all necessary issues to the Sitting for making decision of the Constituent Assembly on the main motion.
39. Points of Order: (1) In case any member feels that there has been a breach of any Rule on the matter that is currently under consideration of the Assembly, s/he may raise a Point of Order having identified the Rule so breached.
(2) Once the member raising the Point of Order gets an expression or gesture of approval from the Chairperson, the member who is currently speaking shall stop speaking.
(3) The member raising the Point of Order shall speak clearly and precisely on the issue of the Point of Order and its bases and after raising the Point of Order, s/he shall take his/her seat.
(4) The Chairperson shall decide on the Point of Order raised and his/her decision shall be the final.
Chapter 7
Methods of Decision-Making in the Assembly
40. Deciding through Questions: The Chairperson shall, while submitting a motion under consideration of the Constituent Assembly for decision, submit it in the form of a question.
41. Methods of Submitting a Question for Decision: (1) Once the discussion on a motion is over, the Chairperson shall present questions one by one, asking members who support the motion to audibly say “Yes”; those who oppose the motion to say “No”, and those who prefer to remain neutral to say “abstain from voting”.
(2) Upon submission of the motion for decision pursuant to Sub-rule (1), the Chairperson shall announce the party whichever s/he deems to have received the majority among those saying “Yes” or “No” and in case there is no objection to the view of the Chairperson pursuant to Rule 42, the Chairperson’s announcement shall be the decision of the Constituent Assembly. A record of the votes stating “Yes”, “No” and “abstain from voting” in response to the motion submitted for decision shall be maintained having identified their respective number.
(3) Once the Chairperson submits a particular motion for decision, no discussion or submission of an amendment or postponement motion shall be moved on the motion.
42. Division: (1) In case a minimum of sixty one members express their disapproval by standing up from their seats pursuant to Sub-rule (2) of Rule 41, the Chairperson shall collect the votes having divided the members saying “Yes”, “No” or “abstain from voting” in one of the following methods:-
(a) By asking each member to pronounce the word “Yes”, “No” or “abstain from voting”;
(b) By distributing “Yes”, “No” and “abstain from voting” slips,
(c) By getting the members saying “Yes”- and “No”-voting members to enter the lobby through different doors, and having the “abstain from voting” -voting members to remain in their seats, or
(d) By operating the automatic vote-recording machine.
(2) Notwithstanding anything contained in Sub-rule (1), if the Chairperson deems that a demand for division is unnecessary, s/he may, before giving an order for division, ask the members voting “Yes”, “No” and “abstain from voting” to stand up from their seats respectively, and determine the decision of the Constituent Assembly having counted them.
(3) While distributing the “Yes”, “No” and “abstain from voting” slips pursuant to Sub-rule (1), the slips shall be in green, red and blue color respectively and the Members shall sign on the slip stating his/her serial No. and name.
(4) Where an automatic vote-recording machine has been used for collecting votes pursuant to Sub-rule (1):-
(a) In case the Chairperson feels that a member is unable to operate the machine for any reason, s/he may, prior to announcing the decision of the Constituent Assembly, count the vote of that member by asking the member;
(b) In case a member happens to press the wrong button of the automatic-vote recording machine and thereby wrong vote is cast, such member may call the Chairperson’s attention to the matter prior to the announcement of the Constituent Assembly decision, and correct the vote.
(5) The Chairperson shall forthwith announce the results of the votes collected pursuant to Sub-rule (1) or (2), and no member shall be allowed to express his/her disagreement.
(6) The Chairperson shall have the power to divide a motion into different parts in the form of more than one question and to submit them for decision. The Chairperson shall also have the powers to prescribe the vote collectors and to determine other procedures of division.
Chapter 8
Maintenance of Order in the Assembly
43. Warning: The Chairperson may warn a member committing misbehavior in the Sitting to control his/her behavior, and after getting such warning, the member shall have to control his/her behavior.
44. Expulsion: (1) The Chairperson may order any member who does not comply with the warning issued pursuant to Rule 43 to leave the Sitting Chamber. Upon getting such an order, such member shall have to go out of the Sitting Chamber forthwith and s/he shall not be allowed to take part in the remaining duration of the Sitting of that day.
(2) In case such member does not go out of the Sitting Chamber forthwith even after getting the order referred to in Sub-rule (1), Chairperson may get the member out having used force with the help of a Marshal. In case expelled out in such a way, the member shall not be allowed to take part in a Sitting of the Assembly or Committee for three consecutive days thereafter. In case any member has been expelled in such way, the Secretary General or the Secretary shall inform all Committees about it.
45. Suspension of Members: (1) The Chairperson may note by name any member who disrespects the chair of the Chairperson, or who knowingly disturbs the proceedings of the Constituent Assembly, or who repeatedly misbehaves or knowingly breaches or dishonors the Constitution or these Regulations.
(2) In case a member introduces a motion for suspension of the member who has been noted pursuant to Sub-rule (1), the Chairperson shall forthwith submit the motion before the Sitting for decision and no motion of amendment or postponement of this motion shall be brought forward or discussed.
(3) In case the motion referred to in Sub-rule(2) is passed, such a member shall be deemed to be suspended, and the member so suspended shall not be allowed to attend in Sitting of the Assembly or Committee for a period of fifteen days thereafter.
(4) The member who has been suspended pursuant to Sub-rule (3) shall forthwith go out of the Assembly Chamber.
(5) In case the suspended member does not forthwith go out pursuant to Sub-rule (4), the Chairperson may order a Marshal to get him/her out.
(6) In case a member has been suspended or such suspension is no longer in effect, the Secretary General or Secretary shall furnish the information thereof to all Committees.
(7) In case a motion pre-informed by the member who has been suspended pursuant to Sub-rule (3) or Rule 46 has to be introduced while s/he is in suspension, the chairperson may authorize any other member to introduce such motion.
46. Special Powers of the Chairperson to Maintain Order: (1) Notwithstanding anything contained in the foregoing paragraphs in this Chapter, in case any member disrupts or tries to disrupt peace, order or discipline in the Assembly building; or in case any member shows destructive tendencies, uses force or is about to use force inside the Assembly, tarnishing the dignity of the Constituent Assembly, the Chairperson may order the Marshals to remove the member forthwith by use of force. The Chairperson may suspend such an expelled member for up to ten days and ask him/her to pay for the actual damages
(2) The member suspended pursuant to Sub-rule (1) may not attend the Sittings of the Assembly or any Committee during the period of the suspension.
(3) In case a member has been suspended or such suspension is no longer in effect, the Secretary General or Secretary shall furnish the information thereof to all Committees.
(4) Notwithstanding anything contained elsewhere in these Rules, in case the Chairperson comes to know after completion of a sitting that a member has committed objectionable or destructive act in the sitting or has caused physical loss or destruction in the sitting room, there shall be no hindrance for the Chairperson to suspend such member for a period of ten days in maximum and to order him/ her to pay compensation to the actual loss so caused.
Provided that, the concerned member shall not be deprived of an appropriate opportunity to defend his/her case before issuing order for such actions.
47. Withdrawing an Action: Notwithstanding anything contained elsewhere in this Chapter, if a member expelled or suspended confesses his/her guilt and begs for a pardon, the Chairperson may, having regard to the opinion of the Sitting, grant a pardon to and withdraw an action against such a member.
48. Powers to Adjourn the Sitting: In case an obstacle arises or is about to arise because of disorder created in the Sitting Chamber thereby causing hindrance in conducting business of the Assembly, the Chairperson may adjourn the Sitting for a certain time of that day or until the time fixed by him/her. No member shall raise question against any such adjournment.
Chapter 9
Motions and Procedures Relating Thereto
49. No Discussion without Motion: (1) Except otherwise stated in the Constitution and these Rules, no discussion on any issue shall take place in the Sitting without a motion,
(2) Motions to be introduced to the Sitting shall be approved by the Chairperson. The chairperson may, in consultation with the proposing member, bring necessary amendment to the motion without tampering the main spirit of the motion.
50. Conditions for Motions: No motion containing any of the following shall be admissible:-
(a) Having the issue beyond the purview of the Constituent Assembly;
(b) Having included more than one issue;
(c) Containing vague, uncertain or unimportant subject matter;
(d) Containing crude reasons, inferences, ironical expressions, irrelevant, imputations or any other hypothetical or objectionable matter;
(e) Containing an issue within the competence of the Legislature-Parliament
51. Decision on Admissibility of Motion: The Chairperson shall decide whether or not a motion or a part thereof is admissible, and while so deciding, s/he may disallow any motion or part thereof citing reason(s).
52. Allotment of Day and Duration of Discussion: (1) The Chairperson may, having taken into account the business in the Constituent Assembly, allot the day and the duration of discussion on a motion.
(2) After completion of the time allotted for discussion, the discussion shall terminate, and unless otherwise provided in these Rules, the Chairperson shall put every question necessary to dispose of the matter in respect of the main issue for decision in the Sitting.
53. Lapse of Motion: (1) Any motion not moved in a Sitting even after being permitted thereof shall ipso facto be lapsed.
(2) Except otherwise provided in these Rules, no matter substantially raising the same question which has already been discussed or decided during the current session of the Constituent Assembly shall be allowed to be raised again in the form of a new motion or amendment.
54. Prior Discussion on Motion Debarred: Where a time has been allotted to a motion for discussion in the Constituent Assembly, no other motion or amendment for discussion on the same matter shall be allowed prior to such allotted time.
55. Motion may be Withdrawn: (1) The proposer may withdraw a motion already filed with the Constituent Assembly Secretariat through a written request and with the approval of the Chairperson.
Provided that the motion already rose in the Constituent Assembly may not be withdrawn without the permission of the Constituent Assembly, and if any amendment has been moved in respect thereof, such a motion may not be withdrawn until such amendment has been decided upon.
(2) In case more than one Member has submitted more than one motion substantially on the same matter, discussion shall be held on only one motion determined through a lottery.
56. Notice of Motion: Assembly Member intending to move a motion shall submit a notice in writing to the Secretary General or Secretary.
57. Procedures Relating to Motion: In respect of the motion to be moved under other Chapters of these Rules, the procedures mentioned in those Chapters shall apply, and in respect of the matters not mentioned in those Chapters, the procedures as provided in this Chapter and Chapter -10 shall apply.
58. Prohibition on Submission of Other Motions: Except the motions under Rule 59, no other motion may be moved under this Chapter.
59. Motion may be introduced without Notice: (1) Notwithstanding anything contained in this Chapter, any of the following motions may be moved even without a notice, if the Chairperson so allows, and no matter of controversy may be raised through such a motion:-
(a) Motion of thanks;
(b) Motion of adjournment;
(c) Motion to withdraw any motion or amendment;
(d) Motion of congratulation or condolence;
(e) Motion of adjournment of discussion;
(f) Motion to extend the period of discussion;
(g) Motion to extend the duration of sittings; or
(h) Motion of closure of discussion.
(2) After submission to the Sitting upon approval of the Chairperson as to the motion referred to in Sub-rule (1), the Chairperson shall submit such a motion for the decision of the Sitting.
Chapter -10
Amendments to Motions
60. Conditions Relating to Amendments: (1) Amendment with regard to any motion may
be put forward subject to the following conditions: –
(a) it must not be contrary to principles of the main motion;
(b) it must be relevant to and be confined within the matter and working areas of the main motion;
(c) it must not be contradictory to the earlier decision of the Sitting;
(d) it must not be vague or futile.
(2) The member desiring to submit an amendment pursuant to Sub-rule (1) shall have to state the reason(s) for the amendment to be made to the motion and what sort of amendment has to be made to which subject.
61. Notice of Amendment: (1) Any Member intending to move an amendment shall submit a notice thereof to the Secretary General or Secretary twenty four hours in advance of the day fixed for deliberation on the motion.
Provided that a notice of an amendment may be put forward at any time before the beginning of the discussion with the permission of the Chairperson.
(2) Upon receipt of the amendment notice as referred on Sub-rule (1), a copy of each of the amendments shall be made available to all Members.
(3) In case an amendment has been put forward without a notice as referred to in Sub-rule (1), any Member may raise an objection.
62. Powers to Accept or Reject Amendments: (1) The Chairperson shall have the power to accept or reject any amendment to a motion.
(2) The Chairperson may, for the purposes of accepting or rejecting an amendment, require the concerned Member to clarify the purpose of the amendment.
63. Moving the Amendment: The Chairperson shall read out the amendment or the amended motion or the original motion so accepted by him/her to the Sitting, prior to putting it for decision. While putting for decision, the Chairperson may, if there is more than one amendment, put forth in priority any one of the amendments or the amended motion or the motion in original form as deemed appropriate by him/her.
Chapter 11
Committees of the Constituent Assembly
64. Committees shall be Formed: (1) In order to assist in the Constitution-making works and other works relating thereto, the Constituent Assembly may form the Constitutional-Political Dialogue and Consensus Committee; Committee for Study of Constitution Records and Determination; Constitution Drafting Committee; Civic Relations and Constitution Suggestions Committee and Committee for Capacity-development and Resources Management.
(2) The Constituent Assembly shall issue necessary directives to the Committees.
65. Constitutional-Political Dialogue and Consensus Committee: (1) There shall be a Constitutional-Political Dialogue and Consensus Committee in the Constituent Assembly.
(2) The committee shall comprise of 73 members in maximum.
(3) The chairperson shall introduce the motion of formation of the committee along with names of the members in the committee in the Constituent Assembly.
(4) The members of the committee shall elect a Chairperson from among themselves.
(5) The Members to the Committee shall be nominated in a way to ensure the representation of all political parties in the Constituent Assembly and independent members and to ensure inclusive representation in proportionate to the representation (size) in the Constituent Assembly of political parties’ structure, of all class and communities including women, indigenous nationalities, Madhesi, Dalit, backward region, Khas-Arya, Muslim, minorities.
(6) The committee shall develop consensus among political parties on the contentious issues of Constitution and introduce report relating thereto to the Assembly.
(7) The committee may introduce to the Assembly the motions on new issues that have emerged in course of its discussions.
(8) The committee shall gather cooperation of all in the task of constitution-making having had dialogues with the political parties in the Constituent Assembly for Constitution-making, members and various political parties outside the Constituent Assembly and stakeholders.
(9) The committee shall take into consideration the matters concerning constitution making in the agreements made by the Government of Nepal after negotiating with different stakeholders at different times.
(10) The committee shall, in the course of attaining its objectives, hold seminars, workshops, mass-meetings and negotiations with the stakeholders as may be necessary.
(11) In case the committee receives any instruction from the Assembly for settlement of any specific issue, the committee shall discuss on such issues and sort it out on the basis of consensus within the time stipulated by the Constituent Assembly, and the committee shall have authority to present a report on the issues which remains unsettled, to the Constituent Assembly for remaking a decision.
(12) In case the committee fails to build consensus on the contentious issues of the proposed Constitution, such matters, along with a report, shall be referred to the Constituent Assembly.
(13) The committees shall carry out other necessary works concerning its working areas.
(14) The committee may seek assistance from experts or stakeholders as may be necessary for performing its works.
(15) Except otherwise provided in this Rules of Procedures, the other procedures of the committee shall be as determined by the committee itself.
66. Constitution-Records Study and Determination Committee: (1) There shall be a Constitution-Records Study and Determination Committee in the Constituent Assembly.
(2) The committee shall be comprised of 73 members in maximum.
(3) The chairperson shall introduce the motion of formation of the committee along with names of the members in the committee in the Constituent Assembly.
(4) The members of the committee shall elect a Chairperson from among themselves.
(5) The committee shall make a study of records of the Constituent Assembly and documents made by the then Constituent Assembly and draw conclusion on the agreed matters and prepare a full or partial report on thematic basis and submit the report to the Constituent Assembly. The Assembly shall conduct theoretical discussions on the agreed matters made in the report of the committee and forward it to the Constitution Drafting Committee for making the preliminary draft of the Constitution.
(6) The committee shall make a study of records and draw conclusion on disagreed matters on the content of constitution and prepare full or partial report and submit it to the Assembly. The Assembly shall forward the disagreed matters in the report to the Constitutional-Political Dialogue and Consensus Committee along with an instruction to make consensus thereon.
(7) The committee shall carry out other necessary works concerning its working areas.
(8) Except otherwise provided in the Rules of Procedures, other procedures of the committee, shall be as determined by the committee itself.
67. Constitution Drafting Committee: (1) There shall be a Constitution Drafting Committee in the Constituent Assembly.
(2) The committee shall be comprised of 73 members in maximum.
(3) The chairperson shall introduce the motion of formation of the committee along with names of the members in the committee in the Constituent Assembly.
(4) The members of the committee shall elect a chairperson from among themselves.
(5) The committee shall prepare a preliminary draft of the Constitution in accordance with the resolutions made by the Assembly from time to time and present it to the Assembly.
(6) The committee shall carry out other necessary works concerning its working areas.
(7) Works of the committee shall be confi dential. Before commencing the works, the members of the Constitution Drafting Committee shall take an oath of office and secrecy in the format referred to in Schedule-5.
(8) Except otherwise provided in the Rules, other procedures of the committee, shall be as determined by the committee itself.
68. Civic Relations and Constitution Suggestion Committee: (1) There shall be a Civic Relations and Constitution Suggestion Committee in the Constituent Assembly.
(2) The committee shall be comprised of 191 members in maximum.
(3) The chairperson shall introduce the motion of formation of the committee along with names of the members in the committee in the Constituent Assembly.
(4) The members of the committee shall elect a Chairperson from among themselves.
(5) The committee shall carry out publicity of the draft of the Constitution through various means of communications to solicit people’s opinions and suggestions on the draft.
(6) The committee shall carry out or cause to be carried out at least one public hearing in each of the districts.
(7) The committee shall organize workshops, interactions and seminars as may be necessary for soliciting suggestions on the first draft of the Constitution.
(8) The committee shall also carry out works concerning maintenance of records of the suggestions received from Nepali peoples living within the country and abroad on individual basis or institutional basis through different means of communication.
(9) The committee shall analyze the suggestions received from people and submit a report thereof to the Assembly. The Assembly shall send the contentious issues to the Constitutional-Political Dialogue and Consensus Committee for building consensus and the matters of consented to the Constitution Drafting Committee.
(10) The committee shall carry out other necessary works concerning its working areas.
(11) Except otherwise provided in the Rules of Procedures, other procedures of the committee, shall be as determined by the committee itself.
69. Committee for Capacity-Development and Resource Management: (1) There shall be a Committee for Capacity Development and Resources Management in the Constituent Assembly.
(2) The committee shall comprise of 191 members in maximum.
(3) The chairperson shall introduce the motion of formation of the committee along with names of the members in the committee in the Constituent Assembly.
(4) The members of the committee shall select one committee Chairperson from among themselves.
(5) The committee shall carry out studies and researches on the Constitutional matters.
(6) The Members of Constituent Assembly, in coordination and consultation with their respective parliamentary board, can take initiatives to identify distinct issues of marginalized and backward community, minority groups, class, gender and community and propose solutions thereof in the Committee. The parties can forward the common conclusion drawn out from such initiatives to the Constitution Political Dialogue and Consensus Building Committee.
(7) The committee shall manage resource materials for members and distribute them to the members.
(8) The committee shall also carry out the works of development of resource center.
(9) The committee shall carry out other necessary works concerning its working areas.
(10) The committee shall organize necessary trainings, workshops, seminars and interactions for development of capacity of the members of the Constituent Assembly and employees of the Legislature-Parliament.
(11) Except otherwise provided in the Rules of Procedures, other procedures of the committee shall be as determined by the committee itself.
70. Assigning Additional Subjects: The Chairperson may, in consultation with the Business Advisory Committee, assign the subjects not covered within the working areas of the Committees referred to in Rules 65, 66, 67, 68 and 69 to be included in the working areas of any Committee as deemed appropriate.
71. Additional Provision relating to Committee: (1) No member can become a member of more than one committee at the same time.
Provided that, provision of this sub-rule shall not be deemed to have obstructed anyone who is a member of any committee from becoming a member of the Constitutional-Political Dialogue and Consensus Committee.
(2) Notwithstanding anything contained in Sub-rule (1), any member who desires to be present in a meeting of the committee and participate on its discussion as may be necessary where he/she is not a member, he /she may do so having furnished a prior notice to the Chairperson of the concerned committee.
Provided that, such a member shall not have voting right.
(3) The committees referred to in Rules 65, 66, 67, 68 and 69 may form Task Forces, as may be necessary for carrying out specific tasks, having prescribed the work and time limit for it and to seek assistance from experts, draft persons and advisors as may be necessary for performing its tasks.
72. Election of Chairperson: (1) In case the committees referred to in Rules 65, 66, 67, 68 and 69 could not select the Chairperson from among themselves unanimously, the election of the Chairperson shall be held on the day fixed by the Chairperson (of CA), and a notice to this effect shall be published by the Secretary General or Secretary forty eight hours in advance.
(2) For the election of a Chair, a member may furnish the notice of the motion to the Secretary General or Secretary by 5.00 pm of the day before the day of election having proposed another member to be elected as the Chair and having been seconded by another member. Such a notice shall have to be accompanied with a statement of consent of the proposed member that, “if elected, I am ready to fulfill the duty of the Chair.”
(3) After the proposing member introduces a notice of motion referred to in Sub-rule
(2) in the Sitting, the supporting member shall support it.
(4) In case only one of such notice of motion referred to in Sub-Rule (2) has been received, the person presiding over shall, upon completion of the statement by the supporting member, declare that the proposed member has been elected unopposed to the office of the Chairperson. In case more than one notice of motion are received, the proposing members shall introduce and supporting members shall support their respective motions on the order of registration and thereafter, discussion shall be held on all the motions and thereafter, the person presiding over shall present the motions for decision one by one.
(5) While submitting a motion for decision pursuant to Sub-rule (4), the members who are in favor of the motion shall be asked to pronounce the word “yes” and the members who are against the motion to pronounce “no” and the member securing majority shall be declared to have been elected.
(6) In case more than one motion are submitted for decision to the Assembly pursuant to Sub-rule (4), after any of such motions is approved, the member proposed in the said motion shall be deemed to have been elected to the office of the Chairperson and the rest of the motions need not be submitted for decision.
(7) The senior most member as the current chair shall also have the voting right. In case of equal division of votes, it shall be decided on the basis of lottery.
(8) No minister shall be elected to the office of the Chair and preside over a Sitting of a Committee.
(9) In case of no chair or in the absence, the senior most member from among the members present shall preside over the Sitting.
(10) In case, the member presiding over the first sitting has been proposed to the office of the chairperson, the second eldest member who has not been proposed to the office of the Chairperson shall preside over the sitting on that day.
(11) The member elected to the office of the Chairperson shall take an oath of office in the format referred to in Schedule-5.
73. Tenure of Committee: The tenure of the committees referred to in Rules 65, 66, 67, 68 and 69 shall be for the tenure of the Constituent Assembly. The chairperson may, with the consent of the Assembly, change or alter in the members of the committees.
74. Circumstances for Vacancy of Office of Chairperson or Member: (1) The office of the
committee Chairperson shall fall vacant in any of the following circumstances:-
(a) In case s/he is no longer a member of the Constituent Assembly,
(b) if s/he is appointed to as a minister;
(c) if s/he has tendered resignation;
(2) The office of member of a Committee shall fall vacant in any of the following circumstances:-
(a) In case s/he is no longer a member of the Constituent Assembly;
(b) if s/he has tendered resignation from the office of a Committee member;
(c) if s/he is no longer a member owing to alteration in members pursuant to Rule 73.
(3) In case, the office of the chairperson falls vacant, it shall be filled according to Rule 72 and in case the office of a Committee member falls vacant, it shall be fulfilled pursuant to Sub-rule (1) of Rule 71.
(4) In case the office of the Chairperson under Sub-rule (2) falls vacant , it shall be fulfilled within a month.
75. Additional Function, Duties and Powers of Committees: (1) Subject to the working areas determined by these Rules, the functions, duties and powers of the Committees referred to in Rules 65, 66, 67, 68 and 69 shall be as follows:-
(a) To prepare a list of activities to be carried out on the concerned subject under the working areas of the Committee, and prepare a calendar of the same;
(b) To complete the tasks assigned within the working areas of the concerned committee in the prescribed manner and to introduce report thereof to the Assembly;
(c) To carry out other works assigned by the Assembly.
(2) Notwithstanding anything contained elsewhere in these Rules, all members of the Committee shall have to sign in the reports of the Committee.
(3) In case it is not possible to have joint signature pursuant to Sub-rule (2), at least majority of the members shall have to sign in the report.
(4) In case any member desires to sign with his/her dissenting opinion, the chairperson shall make necessary provision for signature along with a note of dissent.
76. Sitting of Committee: (1) The Committee Secretary shall call a Sitting of the Committee as directed by the Chairperson. The chairperson shall specify the date, time, venue and agenda of the Sitting.
(2) The committee shall meet as may be required.
(3) The sitting shall be presided over by the chairperson or in his/her absence, the member chosen by the committee members from among themselves shall preside over the sitting.
(4) While presiding over the Sitting by any member other than chairperson, s/he may exercise all powers which is vested in the chairperson.
(5) The chairperson shall inform the CA Chairperson in advance in case the Committee has to sit outside the Secretariat compound.
77. Quorum: (1) The quorum of the committee shall be one-fourth of the total number of members in the committee.
(2) The committee chairperson may postpone the Sitting for sometime or days if the required quorum is not constituted.
(3) In case the Sitting needs to be put off for two consecutive times due to lack of the required quorum as referred to in Sub-rule (2), the committee chairperson shall furnish information thereof to the CA Chairperson.
78. Actions on Continuous Absence: The CA Chairperson may, on the recommendation of the chairperson, expel any member who remains absent in the sitting of the committee for five consecutive times without permission of the chairperson and information thereof shall be given to the Assembly.
79. Decision of Committee: (1) Decisions made by the majority of committee members at the Sitting shall be considered to be the decision of the committee itself. In case of a tie of votes, the member presiding over the Sitting shall exercise a casting vote.
(2) The chairperson and the Secretary shall authenticate the decision of the Committee.
80. Formation of Sub-committees : (1) In case the Chairperson deems it appropriate, s/he may form a sub-Committee comprising of the Committee members in order to study on a particular subject under the Committee’s working areas and to submit report thereof.
(2) While forming a sub-committee, the works of the sub-Committee and the time duration for completing such works shall be specified. The concerned specialists may also be invited to a sub-Committee as may be required. In case invited such specialists have to be present in the sub-committee.
(3) In case the members need to visit places or conduct Sittings of the sub-committee outside of the Secretariat compound in order to conduct studies and to submit report pursuant to Sub-rule (1), a prior approval of the CA Chairperson shall be obtained through the committee chair.
81. Invitation to concerned Official or Expert: (1) Committee Chairperson may, if deemed necessary having regard to the nature of the subject, instruct the concerned official of the Government of Nepal or an Expert who could provide authentic and clear information on the subject at hand to attend a Committee Sitting. It shall be the duty of the concerned official or expert to be present at the Committee and to furnish accurate information on the required matter.
(2) The Committee may, if it deems necessary, invite the concerned stakeholders, pressure group, beneficiary group or experts to attend the Committee Sitting in order to discuss with them on the issues under consideration.
(3) It shall be the duty of the concerned official or expert or concerned expert to be present at the Committee as referred to in Sub-rule (2) and to furnish accurate information on the required matter.
82. Discussion to be made short: Whether or not the time is allocated for having discussion, in case the Chairperson deems that the discussion in the Committee is prolonged unnecessarily, s/he may shorten the discussion.
83. Committee report: (1) The Chairperson or in absence of the Chairperson, the Member assigned by him/her shall submit the report of the Committee.
(2) While submitting the report pursuant to Sub-rule (1), the Chairperson or the Member may give a short statement about the report, if he/she so desires.
(3) The CA Chairperson may, if s/he deems necessary, order to print the report of the Committee which could not have been submitted to the Assembly for not convening of the Sitting for the time being. Such order and the report shall be submitted to the Assembly once the Sitting has been resumed.
(4) The CA Chairperson shall allocate time for having necessary discussion on the reports submitted to the Assembly.
(5) The concerned committee chairperson may, within two days of the date of submission of such report to the Assembly, give notice to the CA Chairperson for having discussion on the report submitted to the Assembly.
(6) In case the notice referred to in Sub-rule (5) is received, the CA Chairperson shall give permission to the concerned committee Chairperson to submit a motion for having discussion on the report in any sitting to be held at any time after two days.
(7) The concerned committee chairperson may, if he/she so desires, deliver a short statement while submitting the proposal. Thereafter, the CA Chairperson shall fix the duration of time for discussion.
(8) The concerned committee chairperson or the member designated by him/her shall give replies to the questions raised during the discussion, and the discussion is deemed to be completed thereafter.
(9) Upon completion of discussions in the Assembly on the reports submitted by the committees, all reports along with suggestions and instruction of the Assembly, if any, shall be passed by the Assembly and be forwarded to the concerned committee.
(10) In case a report has been received ascertaining that any subject has to be decided by the committee itself upon discussions, the committee shall have powers to settle on consensus basis on the particular matters in case of which the Assembly has directed to have discussions in the committee and to settle and to submit for decisions the report on the matters which could not be settled to the Constituent Assembly again.
84. Procedures of decisions by Assembly on matters submitted by Committee: (1) The process of decision making by the Assembly on the issues submitted for decision making by the committees will be as prescribed in Chapter 7.
(2) Having decided upon the report presented as per Sub-rule (1), in principle, the Assembly shall direct the Constitution Drafting Committee to incorporate the same in the first draft
(3) In case the Assembly is unable to take decision on any report presented to it as per Sub-rule (1), the Assembly shall direct the Constitutional-Political Dialogue and Consensus Committee to forge consensus on the issue in a prescribed time
(4) In case the consensus cannot be reached as per Sub-rule (3), the subject shall be decided by the majority of the members of the Assembly and forwarded to the Constitution Drafting Committee
85. Powers to Maintain Good Order and Discipline in the Committee: (1) The committee Chairperson shall have all powers vested in the CA Chairperson pursuant to Chapter-8 and Rule 165 in order to maintain peace and order as well as discipline for the smooth running of Committee sittings.
(2) While exercising the powers referred to in Sub-rule (1), if any Member is suspended or expelled, the committee Chairperson shall inform the matter to the CA Chairperson.
Provided, that if any Member is expelled or suspended, he/she shall not be considered to be expelled or suspended from other Committee of the Assembly.
86. Informing About Absence: The member remaining absent for five consecutive days in the sittings of the Committee shall have to furnish the information thereof along with its reasons to the committee chairperson and in case of the absence of the longer time, the information thereof shall be given to the CA Chairperson and get it approved by him/ her.
87. Secretariat of the Committees: (1) There shall be a Secretariat for each Committee under the Constitution Assembly Secretariat.
(2) The Secretary shall be an ex-officio secretary of each of the committees.
(3) The Secretary may assign any officer under him/her to carry out function as Secretary of any Committee of the Assembly.
Provided that these rules shall not be deemed to have barred the Secretary General to assign an offi cer under him to act as Secretary of the Committee in case the office of the Secretary falls vacant.
(4) The Committee Secretariat shall, under the control and direction of the Secretary General, manage for human resources including draftspersons, specialists and physical resources and means.
88. Determination of Working Areas of Committee: (1) Prior to carrying out functions upon formation of committee, each Committee shall prepare a works schedule of the works to be performed on the subjects within its working areas and the Committee shall also prepare the works schedule for completion of such works.
(2) With regard to the works schedule of each of the committee prepared pursuant to Sub-rule (1), discussion shall be held having called the Sitting of chairpersons of all committees as referred to in Rule 90 under the Chairpersonship of the CA Chairperson. In case it seems from the discussion that the subject-matters must be more clarified or duplication must be avoided or uniformity must be maintained, the works schedule shall be finalized having completed such processes.
(3) In case confusion arises as to the working areas of any committee while having discussion pursuant to Sub-rule (2), the decision of the CA Chairperson shall be final.
89. Joint Sittings of the Committees: The CA Chairperson may call joint Sittings of two or more Committees to conduct discussion on any common issue, if required. Such Sittings shall be presided over by a committee chair assigned by the CA Chairperson. Decisions made by the joint Sittings shall be incorporated into the reports of both Committees.
90. Sittings of the committee Chairpersons: Sittings of the committee Chairpersons shall be held from time to time to evaluate the performance and effectiveness of the Committees under the chairpersonship of the CA Chairperson as may be necessary. The Committee secretaries may take part in such Sittings.
91. Other Committees may be formed: Notwithstanding anything contained elsewhere in this Chapter, the CA Chairperson may, with the consent of the Assembly, form Committee of other nature as may be necessary for assisting in the functions of the Constituent Assembly in addition to the committees referred to in this Chapter and determine the working areas of such a Committee.
Chapter 12
Procedures for Passing the Bill of Constitution
92. Notice for Request to Present the First Draft Bill of Constitution: Subject to the Constitution and these Rules, the Chairperson of the Constitution Drafting Committee or the member designated by him/her shall introduce to the Assembly the first draft Bill of the Constitution. The member presenting the Bill shall furnish the Secretary General or Secretary a notice thereof having enclosed therewith the objectives and reasons of introducing the Bill. Unless otherwise directed by the CA Chairperson, such a notice shall be furnished at least seven days in advance.
Explanation: For the purpose of this Chapter, “Draft Bill of the Constitution” refers to a complete document including the Preamble, Articles, Sub-articles, Clauses and Schedules.
93. Motion Seeking permission to submit the first draft of the Bill: (1) The chairperson of the Constitution Drafting Committee or a member thereof designated by him/her shall ask for the CA Chairperson’s permission to introduce the first draft Bill of the Constitution to the Assembly.
(2) After receiving permission to introduce the first draft Bill of the Constitution pursuant to Sub-rule (1), the Chairperson of the Constitution Drafting Committee or a member thereof designated by him/her shall forthwith introduce the first draft of the said Bill before the Assembly, and after introduction of the first draft of the Bill, s/he shall introduce the following motions:-
(a) That approval in principle be given to the first draft Bill of the Constitution and it be made public having been published in the Nepal Gazette in order to elicit public opinion; and
(b) That the draft Constitution be handed over to the Civic Relations and Constitution Suggestions Committee in order to transmit and publicize the first draft of the Bill, to collect suggestions and to submit report thereof.
(3) A copy of the first draft Bill shall be made available to each of the members at least seven days before submitting the motion in accordance with Sub-rule (2).
94. Procedures for Obtaining Opinions of General Public: (1) After approval of the motion that the first draft Bill of the Constitution be publicized for collection of opinion of people, the Chairperson of the Civic Relations and Constitution Suggestions Committee shall prepare a plan of actions to publicize the draft of the Bill, and also to collect public opinion on it and shall submit the plan of action to the Assembly for approval.
(2) The plan of actions approved pursuant to Sub-rule (1) shall be published in public newspapers and works shall be completed within the time referred to in the plan of actions and report thereof shall be submitted to the Assembly.
95. Procedures after receiving Public Opinion: After opinion of people has been received pursuant to Rule 94, and after the report of the Civic Relations and Constitution Suggestions Committee has been submitted to the Assembly, the Assembly shall conduct discussion on the report and send the first draft Bill of the Constitution, the report relating to people’s opinion, and directives of the Assembly to the Constitutional-Political Dialogue and Consensus Committee along with necessary directives for submission of the revised Bill of the Constitution to the Assembly.
96. Motion that the revised Bill be considered: (1) The Constitutional-Political Dialogue and Consensus Committee shall propose to the assembly to make necessary revision on the Bill of the Constitution according to the directives given by the Assembly pursuant to Rule 95 having conducted discussion on the report received pursuant to Rule 94. After necessary discussion and revision, the Assembly shall submit the same to the Constitution Drafting Committee. The Chairperson of the Constitution Drafting Committee or a member of the same Committee designated by him/her shall, with the approval of the CA Chairperson, introduce the revised draft Bill of the Constitution to the Constituent Assembly.
(2) A copy of the revised draft Bill of the Constitution that has been introduced to the Assembly pursuant to Sub-rule (1) shall be made available to each of the members at least three days before having general discussion in the Assembly.
97. General Discussion on Bill: (1) After the Bill of the Constitution is introduced pursuant to Rule 96, the Chairperson shall specify the time and date for having general discussion on the draft Bill.
(2) During general discussion, only theoretical aspects of the draft Bill shall be taken into consideration. While having discussion in such a manner, no discussion shall take place on Articles of the Bill unless it seems necessary to clarify in the basic structure of the Bill of the Constitution and no amendment may be allowed to the Bill.
98. Authorization for Presentation of Motion: In case the Chairperson is satisfied that the committee chair is unable to submit the draft Bill in person, any member of the Constitution Drafting Committee assigned by the Chairperson may introduce a motion with regard to the Bill.
99. Notice to amend the Bill: Any member desiring to bring an amendment to the draft Bill shall, within one week from the date of completion of general discussion over the Bill, furnish a notice to the Secretary General or Secretary along with the amendment s/he is willing to bring.
100. Conditions Relating to Amendment: (1) An amendment to the Bill may be brought subject to the following conditions:-
(a) The amendment shall be related to the subject of the Bill and shall be within the sphere of the Bill;
(b) The amendment shall not be vague or meaningless;
(c) The amendment brought to any Article shall be related to the subject dealt in that particular Article;
(d) It shall be clearly stated that which provision or clause in which Article or Sub-article or Part of the Bill have to be replaced with the suggested provision or clause.
(2) Subject to this Rule, the Chairperson shall have powers to accept or refuse any amendment or to call upon the concerned Member to make improvement thereon, or to accept them by consolidating more than one amendments of the same intention into a single amendment.
101. Order of Amendments: The amendments approved by the Chairperson shall be kept in order in the amendment list.
102. Procedures After Completion of General Discussion: After general discussion on the amended Bill is completed, the presenting committee Chairperson may propose to pass the Bill having gone through clause by clause discussion in the Assembly.
103. Discussion on Articles with Amendments: (1) While considering over the amendments, it shall, normally, be considered on the order of Articles of the Bill of the Constitution and the member whose name has been called by the Chairperson or the member authorized by him/her shall submit the amendment.
(2) For each of the Articles remained as it is or amended to upon discussion on an amendment, the Chairperson shall put a motion for decision stating, “let this Article form a part of the Bill.”
Provided that in order to avoid duplication in discussions for saving time, permission may be given to have discussion together on one Article or amendments interrelated thereto and in the course of discussion on various Articles, any part of the Bill or Article may be put for discussion having them rearranged or any part or Article of the Bill may be put pending with a condition to have discussions on it later on.
104. Amendment may be Withdrawn: : The member presenting an amendment may withdraw it with the approval of the Sitting.
105. Discussion on Schedules: Unless the Chairperson otherwise decides, discussions on the schedules and amendments received thereto shall begin immediately upon completion of discussion on the concerned Article and the questions to be put in course of decision of the Sitting shall also be presented in the same order.
106. Presentation of Preamble and Short Title: Only after having decision on all other Articles and schedules in the Bill of the Constitution, the Chairperson shall submit the motion at the last to make the Preamble of the Constitution and its short title as an organ of the Bill as it is in the original form or in amended form.
107. Motion to approve the draft Bill: The presenting member shall propose to approve the draft Bill, after the clause by clause discussion has concluded.
108. Procedures to Approve the Bill of Constitution: The Constituent Assembly shall, while passing the Bill of the Constitution, follow the procedures referred to in Article 70 of the Constitution.
109. Chairperson’s Power to Make Consequential Improvements: The Chairperson may, in case s/he deems it necessary according to the recommendation of the Committee referred to in Sub-rule (2), rearrange the serial number of the Articles of the Bill adopted by the Assembly and make necessary consequential improvements on it.
(2) There shall be a Committee as follows in order to make recommendation to the Chairperson in order to rearrange the serial number of Articles in the Bill of the Constitution and to make consequential improvements in case some errors are found in the Bill and in some other minor subjects:-
(a) Chairperson of Constitutional-Political Dialogue and
Consensus Committee – Ex officio Chairperson
(b) Four members nominated by the Chairperson on the recommendation of the
Business Advisory Committee – Members
(3) In case any member finds any subject which requires consequential improvements in the Bill of the Constitution adopted by the Assembly, s/he may give the notice thereof to the Committee formed pursuant to Sub-rule (2).
110. Authentication of the Bill by the Chairperson and Declaration of Constitution by the President: (1) Each member of the Constituent Assembly shall sign at the end of the Bill of the Constitution approved by the Constituent Assembly.
(2) Once the Bill of the Constitution signed by the members pursuant to Sub-rule
(1) is authenticated by the chairperson, such a Bill shall have the form of the constitution.
Provided that authentication of the Bill of the constitution shall not be hindered merely on the ground that any member has yet to sign on it.
(3) The Constituent Assembly shall organize a formal national ceremony on the date fixed for the commencement of the Constitution authenticated pursuant to Sub-rule (2) and the Chairperson shall submit to the President a copy of the Constitution so adopted and the President shall, through the same ceremony, sign on a copy of the Constitution in the format referred to in Annex-7 and proclaim to Nepali people that the new Constitution has commenced.
(4) One copy of the Constitution authenticated pursuant to Sub-rule (2) shall be kept in the archive of the Constituent Assembly Secretariat, and one copy of it shall be sent to the Office of the President, Office of the Prime Minister and Council of Ministers and the Ministry of Law, Justice and Constituent Assembly Affairs each.
Chapter 13
Privilege Committee
111. Formation of the Privilege Committee: (1) There shall be a Privilege Committee in the Assembly. The Chairperson shall nominate up to 33 members for this Committee with the consent of the Assembly.
Provided that, no Minister shall be allowed to be a member of this Committee.
(2) While nominating members to the Privilege Committee, due attention shall be paid to knowledge, experience of the member and the party, gender, ethnic and regional structure in the Assembly.
(3) The members of the Committee shall elect the Chairperson of the Privilege Committee from among themselves.
(4) The tenure of the Chairperson and members of the Committee shall be throughout the tenure of the Constituent Assembly.
(5) The member elected to the office of Chairperson of the Committee shall take an oath of office in the presence of the Chairperson in the format referred to in Schedule-6.
112. Regulations to Apply: With regard to the provisions of falling vacant the office of the Chairperson or of a member of the Privilege Committee, of fulfilling the vacant office, of presiding over the Sitting by the senior most member, of the quorum, of the Committee’s Sittings and decisions; the Rules referred to in Chapter 11 shall be applicable mutatis mutandis.
113. Notice on Questions Relating to Privileges: (1) In case any member deems that privileges of the Constituent Assembly has been breached, the member shall furnish the Secretary General or the Secretary a written notice stating therein basis of the question of breach of the privileges. In case such a notice has been furnished on the basis of a document, such document itself be produced and in case s/he could not get such document, the contents of the breach and the place of the location of the document shall be stated in the notice.
(2) The Secretary General or the Secretary shall furnish information about the notice received pursuant to Sub-rule (1) to the Chairperson and the Chairperson of the Privilege Committee as soon as possible and the Sitting shall be called according to the directive of the Chairperson of the Committee.
114. Conditions for raising the question of Privilege: The questions regarding to the breach of privilege shall be directly related to incident happened after adjournment of the last Sitting or during the current Sitting.
115. Preliminary investigations into the question of Privileges: (1) The Privilege Committee shall carry out preliminary investigations on the breach of privileges in question.
(2) During the preliminary investigation, the Privilege Committee may conduct simple enquiries with the concerned people, as well as collect documentary evidence.
(3) While conducting preliminary investigations, in case Privilege Committee finds a prima facie case and deems appropriate to raise the question of breach of privileges, it shall submit a preliminary report thereof to the Assembly; and in case it finds that it is not appropriate to allow to raise the question of breach of privileges, it shall give the information thereof to the Chairperson and the concerned member along with the reasons thereof.
116. Methods of Raising Question of Privileges: (1) The member desiring to raise a question of breach of privileges may, having obtained permission of the Chairperson upon submission of the report of the Privilege Committee, ask for permission of the Sitting having given brief information on the question raised.
(2) In case any member opposes that the question of breach of privileges be not brought into discussion, the Chairperson shall order the members desiring to give permission to stand up and in case sixty one or more members, excluding the members of the Privilege Committee, stand up, it shall be deemed that the permission of the Sitting has been obtained and in case less than that number of members stand up, it shall be deemed that the permission of the Sitting has not been obtained.
117. Forwarding the question to the Privilege Committee: (1) In case a permission has been obtained from the meeting pursuant to Rule 116 in order to raise the question of breach of privileges, any member may introduce a motion that the Assembly itself consider on such a question or it be referred to the Privilege Committee.
(2) After introduction of the motion pursuant to Sub-rule (1), the Chairperson shall fix the time for discussion on the motion.
(3) Upon completion of the discussion pursuant to Sub-rule (2), the member proposing the question may, with the consent of the Constituent Assembly, withdraw it if s/he so desires. In case no motion has been withdrawn, the Chairperson shall submit the motion to the Sitting for decision.
(4) In case the motion that the question of privileges be considered by the Assembly has been approved, the Assembly may, having exercised the powers referred to in Sub-rules (3), (4) or (5) of Rule 118, decide on the said question. In this regard, the Chairperson may follow appropriate procedures.
(5) In case the motion that the question of privileges be referred to the Privilege Committee has been approved, the chairperson may send the approved motion along with necessary documents to the Committee to investigate into the matter and to submit the report thereof.
118. Procedures and Powers of the Privilege Committee: (1) The Privilege Committee shall take action immediately after the documents along with the approved motion are made available pursuant to Sub-rule (5) of Rule 117.
(2) The Privilege Committee Chairperson may manage the procedures of the Committee under the direction of the Chairperson.
(3) The Privilege Committee may, in the course of the investigation, issue an arrest warrant or summon against the accused person, summon the witnesses, examine evidences, require submitting documents or recording a statement.
(4) The Privilege Committee may take actions against the accused person having detained him/her in custody if it deems necessary. In case the Privilege Committee has detained any one in such a manner, information thereof shall be furnished to the Assembly. In case the Assembly invalidates the said action, the detained person shall be released as soon as possible.
(5) The Privilege Committee may seek cooperation from the officials other than that of the Constituent Assembly Secretariat.
119. Report of Privilege Committee: (1) The Privilege Committee shall, having conducted investigation into each of the questions forwarded to it by the Constituent Assembly and having provided a reasonable opportunity to the person against whom the charge has been made to defend himself/herself and having considered over all the relevant facts, decide whether or not the privilege has been breached and submit a report to the Assembly having stated the causes and bases thereof along with recommendations.
(2) A copy of the report shall be distributed to each of the members at least one day prior to the date on which the discussion is going to be held on the report referred to in Sub-rule (1).
120. Consideration on the report of Privilege Committee: (1) After submission of the report of the Privilege Committee to the Assembly, the Chairperson of the Privilege Committee or in his/her absence, the senior most member of the Committee shall submit a motion that the report be considered over on the date and at time specified by the Chairperson.
(2) After submission of the motion that the report be considered over, there shall be discussion on the report in the Sitting.
121. Amendment may be submitted: (1) While having discussion on the report pursuant to Sub-rule (2) of Rule 120, an amendment motion may be submitted according to the procedures determined by the Chairperson or stating that the report be sent to the Privilege Committee for conducting investigation again on any special matter.
(2) After having brief discussion on the amendment submitted pursuant to Sub-rule
(1), it shall be submitted for decision of the Constituent Assembly.
(3) In case the amendment that the report be sent back to the Privilege Committee referred to in Sub-rule (1) is approved, the said report shall be sent back to the Committee. After the report is back in such manner, the Committee shall conduct investigation again and send its report to the Assembly within seven days.
122. Motion that the Report of Privilege Committee be approved: (1) Upon completion of discussion on the report pursuant to Sub-rule (2) of Rule 120 or upon submission of the report from the Privilege Committee pursuant to Sub-rule (3) of Rule 121 again, any member may introduce a motion that the recommendations referred to in the report be approved.
(2) After submission of the motion pursuant to Sub-rule (1), if any member desires to submit an amendment motion, s/he may submit the amendment motion in the manner deemed appropriate by the Chairperson.
(3) After having brief discussion on the motion submitted pursuant to Sub-rule (1) or the amendment motion submitted pursuant to Sub-rule (2), the Chairperson shall cause to make decision on the amendment and submit the question of breach of the privilege for decision of the Constituent Assembly.
123. Pardon or Remission of Punishment: (1) In case the accused has been punished on the offence of breach of privilege according to the decision of the Constituent Assembly, such person may submit petition through the Chairperson with an apology.
(2) Any petition received pursuant to Sub-rule (1) shall be presented to the Assembly by the Chairperson and if the Assembly is satisfied with the apology made by the accused, it can grant a pardon or remit the punishment imposed against him.
Chapter 14
Motion of Impeachment against President and Vice-President
124. Motion of Impeachment against the President and Vice-President: (1) In case any Member desires to move a motion of impeachment in the Assembly against the President or Vice-President pursuant to Article 36E or 36H of the Constitution stating that the President or the Vice-President has committed serious violation of the Constitution, s/ he shall furnish the notice of introducing such motion to the Secretary General having acquired the concurrence of one fourth of the members of the Constituent Assembly and having stated the causes and bases of moving such a motion.
(2) Upon receipt of the motion under Sub-rule (1), the Secretary General shall present it to the Chairperson. The date and time for having discussion on such motion in the Assembly shall be prescribed within seven days from the date of filing of such motion.
(3) After being called upon by the Chairperson on the date and time prescribed pursuant to Sub-rule (2), the Member moving the motion shall introduce the motion of impeachment in the Assembly and he may, if s/he so desires, give a statement prior to introducing such a motion.
(4) After the motion referred to in Sub-rule (3) is introduced, the Chairperson shall fix the time for having discussion on the motion and after such discussion is over, the Member moving the motion may, if s/he desires, withdraw the motion with the permission from the Constituent Assembly.
(5) In case the motion is not withdrawn pursuant to Sub-rule (4), the Chairperson shall move a motion to the Assembly to constitute an Inquiry Committee consisting of a maximum of fifteen Members. While moving such a motion, powers including the powers of seeking an explanation from the person against whom the charge is made, of examining evidences, and of issuing a summon for that purpose shall also be mentioned therein.
(6) Any Member may move an amendment to the motion referred to in Sub-rule (5).
(7) After deciding upon the amendments submitted on the motion, the Chairperson shall put the motion for constituting the Inquiry Committee or the amended motion for decision.
(8) In case the motion constituting the Inquiry Committee moved pursuant to Sub-rule (7) is adopted, the Chairperson shall send the motion of impeachment, along with the relevant documents, to the Inquiry Committee and send the information thereof to the body and the official concerned.
(9) The Members of the Inquiry Committee shall select the Chairperson of the Committee from among themselves.
125. Tenure of Inquiry Committee: (1) Unless otherwise decided by the Chairperson, the tenure of the Inquiry Committee shall be of twenty one days in maximum from the date of its formation.
(2) In case the Committee could not complete its works within the prescribed period, it may request the Assembly through the Chairperson stating the reasons thereof for an extension of the time limit and the Assembly may extend a time of seven days in maximum.
126. Procedures of the Inquiry Committee: (1) The Inquiry Committee shall commence its works as soon as possible upon receipt of the approved motion of impeachment along with the relevant documents.
(2) The Chairperson of the Committee shall regulate the procedures of the Committee subject to the direction of the Chairperson.
(3) The Committee may seek an assistance of other officials, as may be necessary, in addition to that of the Constituent Assembly Secretariat.
127. Report of the Inquiry Committee: (1) The Committee shall investigate into each of the charges having given a reasonable opportunity to the offi cial against whom the motion has been instituted to defend himself/herself and thereafter, consider upon all of the facts involved thereto and decide as to whether or not the charges for impeachment is proved, and the Committee shall submit its report to the Assembly having stated the grounds and reasons thereof along with its recommendations.
(2) The report shall be distributed to all Members at least two days in advance of the day on which discussion is going on in the Assembly on the report referred to in Sub-rule (1).
128. Consideration on the Report: (1) On the date and at the time prescribed by the chairperson, the chairperson of the said committee or in his/her absence, another member designated by the Chairperson, shall introduce a motion to the Assembly to consider over the committee report.
(2) Upon introduction of the motion referred to in Sub-rule (1), there shall be discussion over the report in the Sitting.
(3) While having discussion pursuant to Sub-rule (2), any member may submit an amendment to the report in a manner deemed appropriate by the chairperson or to send the report back to the committee for having conducted an inquiry again on any special matter.
(4) In case the motion requiring sending the report back to the Committee pursuant to Sub-rule (3) is passed, the report shall be sent to the Committee and the committee shall send the report again to the Assembly having conducted an inquiry within seven days.
129. Motion Calling for Approval of the Report: (1) Upon completion of discussion on the report pursuant to sub-Rule (2) of Rule 128 or upon receipt of the report of Inquiry Committee to the Assembly pursuant to Sub-rule (4) of the same rule, the chairperson of the committee, or in his/her absence, another member designated by him/her, shall introduce a motion to the Assembly for consideration over the committee report.
(2) Upon introduction of the motion referred to in Sub-rule (1), any member may, according to the procedures determined by the chairperson, bring an amendment to the report.
(3) Upon completion of brief discussion on the report introduced pursuant to Sub-rule (1) or the amendment introduced pursuant to sub-Rule (2), the chairperson shall submit all amendments to the Assembly for decision and thereafter s/he shall submit the recommendations referred to in the report for decision in the Assembly.
(4) On the motion of impeachment, the decision of the Assembly shall be taken through division.
130. Deemed to be Relieved from Office Automatically: In case the motion of impeachment introduced against the President or Vice-President under this Chapter has been adopted by two third majority of the current total number of members of the Constituent Assembly, the concerned official shall, ipso facto, be deemed to have been relieved from the office.
Chapter-15
Motion on Conduct of Chairperson or
Vice-Chairperson Incompatible to Position
131. Motion on Conduct of Chairperson or Vice-Chairperson Incompatible to Position:
(1) In case any member deems that the conduct of chairperson or the vice-chairperson is not compatible to his position, s/he may, having garnered support of one fourth of the total number of members of the Constituent Assembly, introduce a motion relating thereto. The notice to introduce such a motion shall be furnished to the Secretary General.
(2) Upon receipt of the motion referred to in Sub-rule (1), the Secretary General shall submit the motion to the Chairperson if it is against the Vice-Chairperson, or to the Vice-Chairperson if it is against the chairperson and to the senior most member from among the persons nominated to preside over the Sitting pursuant to Rule 11 if it is against the chairperson and the vice-chairperson both. The date and time shall be specified in such a manner that discussion on it could be held within seven days of the date of registration of the motion.
(3) Copies of the motion referred to in Sub-rule (1) shall be made available to all the members at least one day prior to the date specified to have discussion on it.
132. Presiding over the Sitting: The Vice-Chairperson shall preside over the Sitting of the Constituent Assembly if the motion received pursuant to Rule 131 is against the Chairperson. In case of submission of the motion against the Chairperson and the vice-Chairperson both at the same time, the eldest member from among the members nominated for presiding over the Sitting pursuant to Rule 11 shall preside over the Sitting.
133. Discussion on Motion and Approval: (1) On the date and time allotted for discussion, the proposing member shall, upon his/her name is called by the person presiding over the Constituent Assembly, submit the motion and s/he may give a statement prior to submitting the motion, if s/he so desires. In the discussion, the alleged official may also take part and vote.
(2) After the motion has been submitted pursuant to Sub-rule (1), the member presiding over the Constituent Assembly shall specify the time duration for having discussion and upon completion of the said time duration, the Chairperson or vice-Chairperson alleged to have not acted according to the conduct of the office shall give a statement in defense of the allegations charged against him/her. After giving the statement in defense, the member proposing the motion may, if s/he desires, withdraw the motion with the permission of the Assembly. In case the proposing member does not desire to withdraw or the Assembly does not give permission to withdraw the motion, the said motion shall be submitted for decision.
(3) For the purpose of Sub-rule (2), the decision of the Constituent Assembly shall be made by division.
(4) In case motion referred to in Rule 131 has been adopted by two third majority of the total number of members of the Constituent Assembly, the concerned official shall, ipso facto, be relieved from the office.
Chapter 16
Notice on Absence, Resignation and Vacant Posts
134. Notice on Absence: (1) Members shall give prior notice to the chairperson if they are going to be absent for ten or more consecutive Sittings.
(2) Members shall give prior notice to the chairperson if they are to remain absent for less than ten consecutive Sittings. In case they are unable to inform the chairperson beforehand for any valid reason, members shall give notification of the same within three days of when they return to the Assembly.
(3) In the notification pursuant to Sub-rule (1) or (2), the member shall clearly state the duration of the absence and the reason for being absent.
(4) In case the notification is made according to Sub-rule (1), the Chairperson shall inform the Assembly; if it is according to Sub-rule (2), the chairperson shall approve it himself/herself.
(5) The Secretary General or the Secretary shall notify the concerned member of the decision of the Constituent Assembly as soon as possible.
135. Resignation: (1) The chairperson may tender his/her resignation addressing to the Vice-Chairperson. The Vice-chairperson or a member of the Assembly may tender his/her resignation addressing to the chairperson.
(2) Resignation tendered according to Sub-rule (1) shall be read out during the Sitting by the presiding member. During the time when there are no sessions, the resignation shall be displayed on the notice board, and also be publicized.
136. Notice of Vacancy of Posts: (1) In case office of any member falls vacant, the Chairperson shall inform the Assembly of the same.
(2) During times when there are no sessions, notice of the same shall be displayed on the notice board, and also be publicized.
(3) The Secretary General or secretary shall publish the notice of vacancy of the office pursuant to Sub-rule (1) in the Nepal Gazette and inform the Council of Ministers, Government of Nepal and the Election Commission for the purpose of fulfilling the vacant office.
Chapter 17
Offices of the Constituent Assembly Party and
Provisions Relating to Defection
137. Constituent Assembly Party Office: (1) The Constituent Assembly Party Offices of all political parties represented at the Constituent Assembly shall be located within the premises of the Constituent Assembly Secretariat at Singh Durbar.
(2) In case of the political parties having representation to the Legislature-Parliament and having the Legislature-Parliament Party Offices, the concerned party may continue to operate the same office as the office of the Constituent Assembly Party Office.
(3) Necessary means and resources required for operation of Constituent Assembly Party office shall be made available by the Constituent Assembly secretariat.
(4) The Secretariat shall, on the direction of the Business Advisory Committee, make other provisions relating to operation of the offices of the Constituent Assembly Party.
138. Filling in Description Form: Each member of the Constituent Assembly shall, within seven days from the date of commencement of these Rules, fill in the personal description forms as referred to in Schedule-8 and submit to the Constituent Assembly Secretariat.
139. Descriptions to be provided by political parties represented in the Constituent Assembly: (1) The leader of political parties represented at the Constituent Assembly shall, within seven days from the date of commencement of these Rules, submit the following descriptions to the Constituent Assembly Secretariat: –
(a) The names and descriptions of the members of the party and name and specimen of signature of two members in maximum who have been authorized to make correspondence to the Constituent Assembly Secretariat on behalf of the party – in the form as referred to in schedule-9;
(b) A copy of the statute or Rules of the concerned political party; and
(c) A copy of the separate statute or Rules of the concerned Constituent Assembly party, if any.
Explanation: The “leader of political party” referred to in this Chapter means the member who has been selected by the concerned party as the leader of the party and the word also denotes the member authorized by the concerned party to carry out the functions which a leader has to perform in the Constituent Assembly.
(2) In case only one member of a party is present in the Constituent Assembly, it shall be enough to furnish the information referred to in Rule 138 having enclosed a copy as referred to in clause (b) of Sub-rule (1).
(3) Notwithstanding anything contained in Sub-rule (2), in case another member is added to in any political organization or party having only one member, the said party shall have to furnish the information referred to in Sub-rule (1).
(4) In case a party is formed during the tenure of the Constituent Assembly, the leader of that party shall, normally within seven days of the organization of that party, provide information pursuant to sub-rule (1).
(5) In case there is any change in information referred to in Sub-rule (1), the party leader shall inform about the changes to the Constituent Assembly Secretariat within seven days of the change.
140. Publication of Description: A summary of description given to the Constituent Assembly Secretariat under Rules 138 and 139 shall be published in the bulletin.
141. Defection from Party to be Deemed: In case any member does any of the following
acts, the concerned party may deem that the said member has defected the party:-
(a) Tendering resignation from the party’s membership in writing;
(b) Obtaining membership of another party, or
(c) Forming another party being himself/herself a member thereof;
(d) Doing any act that is deemed to have defected the party according to the laws in force for the time being.
142. Defection from Party not to be Deemed: Notwithstanding anything contained in Rule 141, a member shall not be deemed to have defected the party in any of the following circumstances:-
(a) In case the Chairperson or the Vice-Chairperson of the Constituent Assembly resigns from the concerned party;
(b) In case at least 40 percent of a party’s Central Executive Committee members leave the party to form a new party and join the newly formed party or another existing party.
Provided that the members of a party once divided shall not be entitled to enjoy this benefit for more than once during the entire tenure of the Constituent Assembly.
143. Notification of Defection from the party may be Given: (1) In case any member defects a party pursuant to Rule 141, the concerned party may furnish the information thereof to the Chairperson.
(2) Prior to furnishing the information of defecting the party to the Chairperson pursuant to Sub-rule (1), the concerned party shall have to provide a reasonable opportunity to such a member to defend himself/herself.
(3) While furnishing the information of defecting the party to the Chairperson pursuant to Sub-rule (1), the concerned party shall have to follow the following procedures:-
(a) The decision to furnish information of defection to the Chairperson shall be taken by the central executive committee of the concerned party;
(b) The designation of the official certifying the decision referred to in clause (a) shall have to be disclosed;
(c) The official referred to in clause (b) shall also have to submit a copy of the decision of the Central Executive Committee and the documents relating to evidences of providing an opportunity to defend pursuant to Sub-rule (2) and other documents and evidences.
144. Investigation may be conducted: In case of receipt of the information of defection and documents relating thereto pursuant to Rule 143, the Chairperson may conduct or cause to conduct an investigation as to whether or not the concerned party has fulfilled the procedures and met the terms and conditions that have to be fulfilled or met according to these Rules.
145. Informing the Sitting or Publishing a Notice: In case it seems, upon investigating pursuant to Rule 144 as to the information furnished pursuant to Rule 143, that the concerned party has fulfilled and met the terms and conditions that have to be fulfilled or met according to these Rules, the Chairperson shall, within 15 days of the date of receipt of the notice of defection pursuant to Rule 143, furnish the information to the Sitting of the Constituent Assembly and during the time of adjournment of the Sitting, provision shall be made to publish the notice on the notice board of the secretariat.
146. Seat to be deemed to be Vacant: In case the information of defection from the party has been given to the Sitting of the Constituent Assembly or such notice has been published in the notice board pursuant to Rule 145, the seat of such a member shall be deemed to be vacant.
Chapter 18
Code of Conduct of Members and
Provision Relating to Monitoring Thereof:
147. Code of Conduct to be Followed : (1) The officials and members of the Constituent Assembly shall, in order to fulfill their responsibilities in accordance with the Constitution and to maintain public confidence in their functions and activities, abide by the following Codes of Conduct:-
(a) To attain the objectives of the Constituent Assembly and for that purpose, to fully abide by these Rule;
(b) To always behave in consistency with public morality and norms of conduct prevailing in the society;
(c) To regularly attend to and take part in the plenary Sitting of the Assembly or the Sitting of the Committee in which one is a member and to exercise one’s voting right;
(d) To take part in the functions and activities of Government of Nepal or relevant organization and associations including the civil society organizations and to consider their opinions with regard to the new Constitution;
(e) To discharge duties by the members free of selfishness and with honesty and objectivity and in responsible manner;
(f) To accord importance to public interest in each of the functions or activities related to Constitution-making and the Assembly and in case of conflict between public and private interests, to clearly stand for the cause of public interest;
(g) Avoid any personal, financial benefit or fees or remuneration or reward to speak or vote or take part in any proceedings for the Assembly;
(h) To use the confidential information acquired in the capacity of a member of the Assembly for the purpose of the Assembly only and not to make such information a subject of give and take with any person or institution for financial benefits;
(i) In case there is personal or private interest of a member attached to any subject that is under consideration of the Committee or the Assembly in which s/he is a member, s/he shall voluntarily inform the Committee or the Assembly about it in a clear manner to remain aloof from the discussions to be held on such subject.
(2) The code of conduct under this Rule shall be applicable in all aspects of public life of the officials and members.
Provided that, the code of conduct shall not be deemed to affect the work or behaviour that is fully concerned with personal or private life of the officials and members.
148. Formation of Conduct Monitoring Committee: (1) There shall be a Conduct Monitoring Committee in the Assembly.
(2) The formation of the Committee referred to in Sub-Rule (1) shall be as follows:-
(a) Chairperson – ex officio Chairperson
(b) Vice-Chairperson – ex officio Vice-Chairperson
(c) Maximum thirty-three members, nominated by
the Chairperson from among those chosen by
the leaders of the parties represented in
the Constituent Assembly – Member
(d) The Secretary General of
the Constituent Assembly – Secretary
149. Functions, Duties and Powers of the Committee: (1) The functions, duties and powers
of the Conduct Monitoring Committee shall be as follows:-
(a) To begin the function of required investigation on the basis of the question publicly raised about violation of code of conduct referred to in Sub-rule (1) of Rule 147 by any member or on the basis of information given by any one to the Committee;
(b) To acquire necessary information from the concerned member and other persons on the questions raised with regard to code of conduct;
(c) To obtain information from the person, institution or media raising the question on the conduct;
(d) To decide whether or not, from the facts collected during the investigation in the questions with regard to the conduct of members, the concerned member has found to have violated the code of conduct and to submit the report thereof to the Assembly.
(2) The Conduct Monitoring Committee may form a sub-committee consisting of specialists.
(3) The Conduct Monitoring Committee shall itself determine its other procedures.
(4) It shall be a duty of each of the members to render necessary assistance in case an inquiry has been initiated against any member pursuant to this Rule.
(5) In case an inquiry has been initiated against any member pursuant to this Rule, the Conduct Monitoring Committee shall provide a reasonable opportunity to the concerned member to defend himself/herself.
(6) The report submitted to the Assembly by the Conduct Monitoring Committee pursuant to clause (d) of Sub-rule (1) shall be kept in the record of the Assembly.
Chapter 19
Miscellaneous
150. Confidential Sitting of the Constituent Assembly: (1) In case at least sixty one members of the Assembly make a written request to the Chairperson that discussion on any subject of the Constituent Assembly be held in a secret Sitting and in case the Chairperson deems the request reasonable, s/he may decide to conduct discussion on such subject in a secret Sitting.
(2) No one shall be allowed to sit in at the chamber or lobby while a secret Sitting of Constituent Assembly is in progress.
Provided that this provision shall not be applicable to the persons permitted by the Chairperson.
(3) The Chairperson may maintain and publicize a brief description of the proceedings or decision of a secret Sitting as he/she deems appropriate. Except the Chairperson or the person authorized by him/her, no one shall be allowed to keep such records, publicize or let anyone else know about them.
(4) The procedures of the secret Sitting shall be as determined by the Chairperson.
(5) In case it is felt that the proceedings of the Sitting need not be kept secret any longer, the Chairperson may make a proposal to the Assembly that proceedings of the Sitting no longer be in secret.
(6) Upon approval of the proposal by the Assembly as referred on Sub-rule (5), the Sitting of the Constituent Assembly shall be made open.
151. Determining the Calendar of Operation of the Constituent Assembly: (1). The Constituent Assembly shall, within seven days from the commencement of these Rules, discuss the functions the Assembly and its various Committees have to perform, the time limit for it and the Calendar of Operation for the activities relating thereto.
(2) The Chairperson shall prepare the Calendar of Operation of the Constituent Assembly in consultation with the Business Advisory Committee and propose to the Assembly.
(3) The Calendar of Operation approved by the Assembly shall be an inseparable part of these Rules.
(4) In case of need to bring any alteration in the Calendar of Operation approved pursuant to this Rule, a proposal thereof shall be submitted to the Assembly and it shall be done according to the decision of the Assembly.
152. Procedures for Taking Decisions of Referendum: (1) In case a resolution has been approved that decision on any subject has to be made through the process of a referendum pursuant to sub-article (1) of Article 157 of the Constitution, the Chairperson shall certify it. The Secretary General or Secretary shall furnish the information thereof to the Council of Ministers, Government of Nepal.
(2) The decision derived through the referendum shall be mandatory for the Constituent Assembly.
153. Opinion of Attorney General may be Obtained: (1) In case the Chairperson deems it necessary to seek legal advice of the Attorney General, s/he may allow the Attorney General to express opinion being present in the Assembly.
(2) There shall be no discussion of the opinion expressed pursuant to Sub-rule (1).
(3) The procedures as to expressing the opinion pursuant to Sub-rule (1) shall be as determined by the Chairperson.
154. Language: (1) The proceedings of the Constituent Assembly or its various Committees shall be in Nepali language. In case any Member has spoken in his/her mother tongue, provision shall be made to maintain record thereof.
(2) Notwithstanding anything contained in Sub-rule (1), in case of the Member with statement disability, the Chairperson may permit to express his/her opinion in symbolic language and allow his/her assistant to interpret and read out to the Sitting.
155. Logo of the Constituent Assembly: (1) Members shall have to wear the logo of the Constituent Assembly while attending any of the Sitting relating to the works of the Constituent Assembly and while attending any formal ceremony, function or any formal activity to be attended in the capacity of the Constituent Assembly member.
(2) The logo referred to in Sub-rule (1) shall be used as follows:-
(a) In case of the male or female wearing coat, at one inch below the middle point of the beginning of folding of the color on left side;
(b) In case of female members wearing sari without coat and only a blouse, if the sari’s fold does not cover the left shoulder, at the point below two inches of the left shoulder on the blouse;
(c) In case a female member has to wear sari covering the blouse, at the point below two inches of the left shoulder on the sari.
(3) The person who is not a member of the Constituent Assembly or who has his/her membership terminated shall not have to use the logo.
(4) The format and procedures of making the logo shall be as determined by the Chairperson in consultation with the Business Advisory Committee. The format and procedures of making the logo and other necessary matters shall be published in the Nepal Gazette.
156. Records of Proceedings: (1) The Secretary General or the Secretary shall, according to the direction of the Chairperson, make provisions of keeping records of the proceedings of each of the Sittings of the Constituent Assembly and prepare a brief note on them and distribute to each of the members.
(2) One copy of the brief note of the proceedings of each Constituent Assembly Sittings prepared pursuant to Sub-rule (1) shall be made available to the Office of the President and information thereof shall also be made available to the means of mass media through the information unit of the Secretariat.
157. Records and Authentication of Decisions: (1) The Secretary General or the Secretary shall prepare minutes of each Sitting of the Constituent Assembly. These minutes shall become the records of the decisions of the Constituent Assembly.
(2) The Secretary General or the Secretary shall have the powers to authenticate the decisions and proceedings of the Constituent Assembly.
158. Objectionable Terms: (1) In case any word or a part of a sentence used during discussion in any Sitting of the Constituent Assembly is found to be indecent, objectionable or against the dignity and decorum of the Constituent Assembly, the Chairperson may order to delete such word or words from the records of the proceedings of the Sitting.
(2) The deleted sections shall be asterisked and, in a footnote on the same page, a note shall be added recording that this section has been removed according to instructions from the Chairperson.
159. Delegation of Power: Any official of the Constituent Assembly may, in case s/he becomes unable to perform the functions of his/her office for falling ill or for any other reason(s), delegate any or all authority vested in him/her to any of the subordinate officials in written form subject to these Rules and the Constitution.
160. Special Powers of the Secretary General: The Secretary General shall be entitled to enter into any Sitting of the Constituent Assembly or of any Committee or sub-Committee thereof and to instruct or control the Secretary or other officer on duty in the Sitting, and s/he may give advises relating to the procedures solicited by the Sittings.
161. Security of Records: (1) The Secretary General shall cause to keep the records of decisions and documents of the proceedings of the Constituent Assembly and its Committees.
(2) The Secretary General shall not allow anyone to take out from the building of the Constituent Assembly the records to be maintained pursuant to Sub-rule (1) without an order of the Chairperson.
(3) In case the members of the Constituent Assembly and Legislature-Parliament demand the audio-visual record of their speech, the Secretariat may make available such record.
162. Records to be submitted to Assembly: (1) The Secretary General shall submit to the Chairperson the records secured pursuant to Rule 161.
(2) The Chairperson shall present the records submitted pursuant to Sub-rule (1) to the Assembly and the Assembly shall send such records to the Committee referred to in Rule 66.
163. Information on Arrest of a Member: (1) In case information is received about an arrest of any member of the Constituent Assembly pursuant to the proviso to sub-article (5) of Article 77 of the Constitution, the Chairperson shall forthwith give the information thereof to the Constituent Assembly.
(2) In case information referred to in Sub-rule (1) is received while the Sitting of the Constituent Assembly has been adjourned, the Chairperson shall cause to paste the notice thereof on the notice board of the secretariat and cause to publicize it through other means of communication.
(3) In case information that any member is arrested pursuant to proviso to sub-article (5) of Article 77 in any criminal charge, such a member shall not have any authority to act in the capacity of the Constituent Assembly member or he/she shall not have any right or any immunity of the Constituent Assembly member.
(4) In case any member of the Constituent Assembly is remanded to judicial custody upon having been charged of an offence carrying punishment of imprisonment of three years or more according to the law or of an offence involving moral turpitude; in case any member has been convicted of a criminal offence and punished with imprisonment by final judgment of a court; up to the time duration of imprisonment and in case any member has been undergoing the punishment of imprisonment according to judgment of court, the Chairperson shall have to suspend such member until such period.
164. Legal Opinion and Advice: In case any legal question is raised regarding the procedures of the proceedings of the Constituent Assembly or its Committees, the advice of the legal advisor at the Secretariat shall be sought and the legal advisor also shall represent the Constituent Assembly and its Committees in a case involving the Constituent Assembly or any of its Committee as party.
Provided that this Rule shall not be deemed to have hindered soliciting advices or suggestions of other experts on the subject of Constitutional law and principles.
165. Power to Regulate Entrance: (1) Normally, a Sittings of the Constituent Assembly shall remain open.
(2) The Chairperson shall have power to regulate and control the entrance, taking into consideration the convenience of persons visiting to observe the proceedings of the Constituent Assembly. The Chairperson may also make or cause to make provisions for entrance passes as may be necessary.
(3) The person entering into the Sitting House with the entrance pass issued pursuant to Sub-rule (2), shall abide by the terms and conditions printed on the pass and in case any person does not abide by those terms and conditions may be expelled from the Sitting House at the order of the Chairperson.
166. Maintaining Order within Constituent Assembly Premises: (1) The Chairperson shall have full powers with regard to maintaining order within the premises of the Constituent Assembly.
(2) No sit-downs, hunger strikes, picketing, postering, pamphleting, distributing handbills or any other activity tending to disturb tranquility within the premises shall be allowed.
(3) No person within the premises of the Constituent Assembly shall be arrested without an order of the Chairperson.
167. Restrictions on using the Assembly House: Except permission from the Chairperson, the Assembly House shall not be used for any purpose other than for conducting Sittings of the Constituent Assembly or any of its Committees or for conducting Sitting in the capacity of the Legislature-Parliament or any Committee thereof or for any other work that is directly related to the Constituent Assembly.
168. Secretariat of Constituent Assembly: (1) The Legislature-Parliament Secretariat, established pursuant to Article 61 of the Constitution, shall act as the Constituent Assembly Secretariat.
(2) The officials and employees engaged in the Legislature-Parliament Secretariat shall be deemed to be the officials and employees of the Constituent Assembly Secretariat.
(3) The Government of Nepal shall make available on deputation the extra employees as may be necessary for performing the works of the Constituent Assembly secretariat in an effective and well-managed manner.
(4) The Constituent Assembly Secretariat may, according to the decision of the Business Advisory Committee, receive an assistance of required advisors and experts in accordance with the laws in force.
(5) Other provisions relating to operation of the Secretariat shall be in accordance with the laws in force.
169. Suspension of Rules: Assembly Member may, with the permission from the Chairperson, introduce a motion for suspension of a particular Rule under these Rules that the Rule be not applied to a particular matter which is currently before the Assembly for consideration. In case approved, such a Rule shall be considered suspended for the time being.
170. Power to Remove Difficulties: In case any difficulty arises while working in accordance with these Rules, the Chairperson may, in consultation with the Conduct of Business Advisory Committee, remove such difficulty having made necessary and appropriate provisions for it.
171. Interpretation of Rules: The Chairperson shall have powers to interpret these Rules, and his/her decision shall be final. Information of such decision shall be made available to the Assembly.
172. Functions of Secretary General may be Carried out: In the absence of the Secretary General, the senior-most officer designated by the Chairperson shall perform all functions to be performed by the Secretary General under these Rules.
173. Functions of Secretary may be Carried out: In the absence of the Secretary, the senior-most officer designated by the Chairperson shall carry out the functions prescribed to be carried out by the Secretary under these Rules.
174. Remuneration of Officials and Members: Remuneration and other facilities of the officials and members shall be as provided for in the laws. Unless such provisions are made in laws, they shall be as decided by Government of Nepal.
175. Dress: Dress of the members of the Constituent Assembly shall be as prescribed by the Chairperson in consultation with the Business Advisory Committee.
176. Amendment to the Rules: (1) The Assembly may bring necessary amendments to these Rules.
(2) In case a Member deems an amendment necessary, s/he may notify the Chairperson of the proposal to amend these Rules along with reasons for the amendment.
(3) The Member may introduce a proposal asking the Assembly with due permission of the Chairperson, for approval to set up an Amendment Committee, including suggested names, if the Chairperson deems it necessary.
(4) The Committee formed pursuant to Sub-rule (3) shall consist of Members as needed, and the Members shall select the Chairperson among themselves.
(5) Upon submission of the report by the Committee to the Assembly, the motion relating to an amendment shall be adopted having followed the appropriate procedures determined by the Chairperson.
177. Repeal and Saving: (1) The Constituent Assembly Rules, 2008 is hereby repealed.
(2) Actions taken and the procedures made pursuant to the Rules referred to in Sub-rule (1) shall be deemed to have been taken under these rules.
Schedule-1
(Relating to Sub-rule (5) of Rule 7 and Rule 9)
The Secretary General,
Constituent Assembly
Subject: Motion for election to the office of Chairperson/vice chairperson
I do hereby make this submission of the motion, pursuant to Article 71 of the Interim Constitution of Nepal, 2007 and Sub-rule (5) of Rule 7/Rule 9, that Hon’ble Member Mr./Mrs. ___________________________________________________ be elected to the office of Chairperson/vice chairperson of the Constituent Assembly. His/her details are as follows:-
1) Full name: _________________________________________________________________________
2) Age: _____________________ Year: ________________________ Sex: _______________________
4) Address: ___________________________________________________________________________
5) Father/mother: _____________________________________________________________________
6) Husband/wife: _____________________________________________________________________
7) Serial No. _________________________________________________________________________
Proposer
Name __________________________________
Serial No. _______________________________
Signature _______________________________
As stated above, I do hereby accept the motion submitted by the proposer Mr./Mrs. ________
___________________________ that Mr./Mrs.
______________________________________
be elected to the office of Chairperson /vice chairperson of the Constituent Assembly.
Seconder
Name __________________________________
Serial No. _______________________________
Signature _______________________________
Documents enclosed: Memo containing the acceptance of the nominated candidate is attached herewith.
Date ___________________________________ Date ____________________ Time __________
Memo containing the acceptance of the nominated candidate
As per submission of motion made by Hon’ble Member _________________________________ that I
be elected to the office of Chairperson/vice chairperson of the Constituent Assembly, I do hereby agree to work as Chairperson/vice chairperson of the Constituent Assembly, if elected to that office.
Date ___________________
Nominated Candidate:
Name __________________________________
Serial No. _______________________________
Signature _______________________________
Schedule-2
(Relating to Rules 8 and 10)
Oath of office of the Chairperson/Vice-Chairperson
of Constituent Assembly
I ___________________________________, being completely loyal to the country and
people, do hereby solemnly resolve/swear in the name of God/country and people that I shall, with genuine loyalty towards the Interim Constitution of Nepal, 2007, which ensures that state powers and sovereignty is vested in the people of Nepal, truthfully and impartially carry out my duties and responsibilities as the Chairperson/Vice-Chairperson of the Constituent Assembly, putting myself strictly within the limits of the existing laws, always thinking about the good of the country and the people, without fear, biasness, prejudice or ill-will and maintaining the confidentiality of the of fice.
Name ______________________
Signature ___________________ Date ___________________
The Constituent Assembly Rules, 2014 Schedules
Schedule-3
(Relating to Sub-rule (1) of Rule 15 and Sub-rule (1) of Rule 16)
Nomination of Candidate
To be filled in by a Proposing Member
The Election Officer,
The Office for Election of President and Vice-President.
I do hereby propose Mr./Mrs. ____________________________________________ and
nominate him/her as candidate in the election of the President and Vice-President of Nepal.
1) Full name: _________________________________________________________________________
2) Age: _____________________ Year: ________________________ Sex: _______________________
4) Address: ___________________________________________________________________________
5) Father/Mother: _____________________________________________________________________
6) Husband/Wife: _____________________________________________________________________
Proposing Member,
Name __________________________________
Serial No. of voter’s list _____________________
Signature _______________________________
Date ___________________________________
To be filled in by the person seconding the motion Idoherebyaccepttheproposalbytheafore-saidproposingmember_________________________
nominating Mr./Mrs. _________________________________________ as a candidate to the office of
President/Vice President.
Seconded by
Name _________________________________
Serial No. of the voters’ list _______________
Signature ______________________________
Documents attached:
a) Attested copy of the Nepalese citizenship certificate of the nominated candidate
b) The memo containing the consent of the candidate
Date ______________________
Schedule -4
(Relating to Sub-rule (2) of Rule 15 and Sub-rule (2) of Rule 16)
Consent of the Candidate
As Mr./Mrs. __________________________________________ has nominated me as a
candidate in the election of the High Office of President/Vice President of Nepal, in case I would be elected to that office, I do hereby agree to work as in the office of President/ Vice President of Nepal.
I do hereby declare that I am eligible to be a candidate to the election of the President/ Vice President in accordance with the Interim Constitution of Nepal, 2007.
Date ____________________ Of the nominated candidate,
Name ___________________________
Signature ________________________
The Constituent Assembly Rules, 2014 Schedules
Schedule-5
(Relating to Sub-rule (7) of Rule 67)
Oath of office and secrecy of the members of
the Constitution Drafting Committee
I ________________________________, being completely loyal to the country and
people, do hereby solemnly resolve/swear in the name of God/country and people that I shall, with genuine loyalty towards the Interim Constitution of Nepal, 2007, which ensures that state powers and sovereignty is vested in the people of Nepal, truthfully and impartially carry out my duties and responsibilities as a member of the Constitution Drafting Committee, putting myself strictly within the limits of the policy and directives of the Assembly, always thinking the good of the country and the people in high esteem, without fear, biasness, prejudice or ill-will and maintaining the confidentiality of the office.
Date ____________________ Name ___________________________
Signature ________________________
Schedule-6
(Relating to Sub-rule (11) of Rule 72 and Sub-rule (5) of Rule 111)
Oath of office of the Chairperson of Committees
of the Constituent Assembly
I ……………………….., being completely loyal to the country and people, do hereby
solemnly resolve/swear in the name of God/country and people that I shall, with genuine loyalty towards the Interim Constitution of Nepal, 2007, which ensures that state powers and sovereignty is vested in the people of Nepal, truthfully and impartially carry out my duties and responsibilities as a Chairperson of ………..Committee of the Constituent
Assembly, putting myself strictly within the limits of the existing laws, always thinking the good of the country and the people in high esteem, without fear, biasness, prejudice or ill-will and maintaining the confidentiality of the office.
Date ____________________ Name ___________________________
Signature ________________________
The Constituent Assembly Rules, 2014 Schedules
Schedule-7
(Relating to Sub-rule (3) of Rule 110)
Format of the Proclamation of Commencement
of the Constitution
I do hereby proclaim before people of Nepal that the Constitution of Nepal adopted by the Constituent Assembly and authenticated by the Chairperson of the Constituent Assembly has commenced with the effect from ………………………..
President, Nepal
Seal
Schedule -8
(Relating to Rule 138)
Form for personal details of the members of the Constituent Assembly
1. Name, surname of member: __________________________________________________________
2. Name, surname of mother: ___________________________________________________________
Name, surname of father: ____________________________________________________________
Name, surname of husband/wife: _____________________________________________________
3. Permanent Address: _________________________________________________________________
District: ____________________ V.D.C./Municipality ______________________ Ward No.: _____
Street: ____________________________________________________________________________
4. Date of Birth: ______________________________________________________________________
5. Level of Education: _________________________________________________________________
6. District of Representation: ____________________________________________________________
7. (a) Name of the Political party or Organization: __________________________________________
(b) Independent: ____________________________________________________________________
8. Address in Kathmandu Valley: ________________________________________________________
District: ____________________ V.D.C./Municipality ______________________ Ward No.: _____
Street: ____________________________________________________________________________
Phone No.: ______________________________ Mobile: __________________________________
E-mail: ____________________________________________________________________________
I shall provide information immediately in case there is any change in the afore-said details.
Name _____________________________
Signature __________________________
Date ______________________________
Schedule-9
(Relating to Clause (a) of Sub-rule (1) of Rule 139)
Details related to members of political party represented
in the Constituent Assembly
S.N. Name of Member Name, surname of father/mother Permanent District
Name, surname of husband/wife address
Of the leader of the party,
Name, Surname: ————————————-
Signature: ———————————————–
Member authorized to sign
1. Name, surname: ——————————–
Signature: ——————————————
2. Name, surname: ——————————–
Signature: ——————————————
Date: ——————————————————
Approved by the Constituent Assembly on March 21, 2014.
